R2023-60 Resolution Authorizing an Agreement with Architectural Expressions, LLP, for Decatur Civic Center Improvements

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in defegatien of the reserved fights of the Arohitppt And Z Architeot's eonsultaws Ownef substmitially per-fefms its abligations under this Agr-eefnefit,ifteittding pfempt payment ef all stims when granted in this Section 7.3 shall terminate. §7.3.1 in the event the Owner uses the lastmments of Sen,iee without Fetaining the authefs of the instmments e ffom sueh uses.The Owner-,to the exteat permitted by law,Pafther-agrees fe indemnify and hold hafmiess the pof ni-tiA4; Isset4ed by an),thifd peFson ef entity to the extent sueh cests and expenses ar-ise ffem the Owner-'s use e the histpaments of Sen,ieeuader-this Seetion 7.3.1.The tefms of this Seetion 7.3.1 shall not apply if thee 0,.* e«fig t full ,to.-.bates this Agreement a«t f eause under-Seetion 9.4. §7.4&Eeept for-the lieenses granted ifi this Aftiele 7,no athef lieense or right shall be deemed granted or iw44ied under thi.,;Agreement.The Owner shall not assign,Elelegate,sublicense,pl@dg@ or athef:wise transfer any licensee granted herein to another-paf4y without th of the Ar-ohitect.Any UnauthoriZe6d usie Aftho lfistndfnepAs of S@Fviee shall be af the,0_;,ver-'s sole risic and without liability to the AFehiteet and the Architect's .ltn«tn T. A g- -e«t ARTICLE 8 CLAIMS AND DISPUTES §8.1 General §8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. §8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents,and employees of the other,for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A104-2017,Standard Abbreviated Form of Agreement Between Owner and Contractor.The Owner or the Architect,as appropriate,shall require of the contractors,consultants,agents,and employees of any of them,similar waivers in favor of the other parties enumerated herein. (nit. AIA Document 8104—2017.Copyright @ 1974,1978,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 9 21:24:43 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 in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3139ADA3F)