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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)
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