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And emolusively fef pur-poses of Genstpaet, taining,altering and adding to the Project,provided that the <br /> Owner-substantially per-fer-ms its oblig-atieffl�­ Agreeflient,including pr-empt payment of all stims when <br /> Ar-ohiteet's eonsultants eensistent with this Agr-eement.The license gr-a*ted undeF this seetien peffnits the O'A%er-to <br /> au�hefize the Gentr-aeter-,S4centraeter-s,Sub subeentraeter-s,and suppliers,as well as the Owner-'s eensultants an <br /> Pr-ejeet.if the Ar-chiteet r-ightfully terminates this Agr-eefnent for-eause as pr-ovided in Seetion 9.4,the lieense <br /> gr-anted in this Section 7.3 shall terminate <br /> §7.3.1 in the event the Owner-uses the lnstn&ments of Sei=viee w4aut Fetaining the authors of the instruments 0 <br /> &efa sueh uses.The Owner-,to the extent permitted by law,flafther agrees to indemnif�and hold hafmiess the <br /> of aefien assei4ed by any third persen ef entity te the e�kteflt sitteh eests and expenses aFise ff offi�he Owner-'s t1se e <br /> the lffs�mfnefi4s of Ser-viee under-this Seetion 7.3.1.The tefms ef this Seetion 7.3.1 shall not apply if the <br /> Owner-r4ghtfully teEminates this Agreement for-eause under-Seefieft 9.4. <br /> §7-4 Exeept foF the heenses granted in this AAicle�,no other-lieense or-right shall be deemed gr-anted or-implied <br /> under-this Agr-eemei#.The Owner-shall fiet assign,delegate,sublieense,pledge er-athev.vise#aim&r-Aft),license <br /> I�R#n_lffiqents Of Sef:N,iGe shall be at the Owner's sole risk and without liabilit-y to the Ar-ohite-CA andd the.4 r-ehitect's- <br /> §7.5&Eeept as other-wise stated in Seetie*7.3,the pf:evisieas of this Ar-tiele 7 shall suFvive the teEmination of this <br /> Agreement-. <br /> ARTICLE 8 CLAIMS AND DISPUTES <br /> §8.1 General <br /> §8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of <br /> or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the <br /> binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but <br /> in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect <br /> waive all claims and causes of action not commenced in accordance with this Section 8.1.1. <br /> §8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against <br /> each other and against the contractors,consultants,agents,and employees of the other,for damages,except such <br /> rights as they may have to the proceeds of such insurance as set forth in AIA Document A 104-2017,Standard <br /> Abbreviated Form of Agreement Between Owner and Contractor.The Owner or the Architect,as appropriate,shall <br /> require of the contractors,consultants,agents,and employees of any of them,similar waivers in favor of the other <br /> parties enumerated herein. <br /> §8.1.3 The Architect and Owner waive consequential damages for claims,disputes or other matters in question, <br /> arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential <br /> damages due to either party's termination of this Agreement,except as specifically provided in Section 9.6 <br /> §8.2 Mediation <br /> §8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to <br /> mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien <br /> arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with <br /> the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. <br /> resolution. <br /> §8.2.2 Mediation,unless the parties mutually agree otherwise,shall be administered by the American Arbitration <br /> Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this <br /> Agreement.The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the <br /> Init. AIA Document 8104—2017.Copyright©1974,1978,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute <br /> of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 9 <br /> 21:25:21 CT on 03/29/2023 under Order No.4104236690 which expires on 09/30/2023,is not for resale,is licensed for one-time use only,and may only be used <br /> in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. <br /> User Notes: (3B9ADA3C) <br />