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

Home Browse Search

§8.1.3 The Architect and Owner waive consequential damages for claims,disputes or other matters in question, arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination of this Agreement,except as specifically provided in Section 9.6 §8.2 Mediation §8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute ves resolution. §8.2.2 Mediation,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §8.2.3 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. §8.3 AFbitfatiGn §8.3.1 if the pafties have seleeted arbitration as the ffiethed for-binding dispute r-eseltitien iti�his Agfeement,any elaim,dispute E)r-other-matteF in question afising out of ef Felated to this Agfeefnefit subjeet to,but fiet resolved by,mediation shall be subjeet to arbitfationwhieh,unless the pai4ies mutually agFee ethefwise,shall be administer-ed by the Amerioan Arbitration Asseeiation in aeeer-danee with its Ceas�metien industFy Arbitration Rules in e#7eet on the date of the Agreement §8-3-1-1 Ad@mand-f-AW ar-h-itnation shall be made PA- earlier-than oeneuFfeatlywithth@filiagef ar-@qu@Stf0 mediation,bu4 in no event Shall it be M-A-e.-after-the date.;.vheam the,imstiWtion of legal or-equitable pr-eeeedings based on the elaim,dispute or-other matter-in question would be barred by the applieable statute a limitations.Far-statute ef lifnitafiens pur-poses,Y-eeeipt of a wr-it4en demand for-ar-bitration by the pefsen of eftfit administer-ing the afbitration shall eenstitute the institution of legal of equitable proceedings based on the e §8.3.2The for-@- i - - t to aFbitFate,and other-agr-eeme.;#s;to ffir-b-4--ate 10.4-th-a4-;-a-d-d-itional per-son OF eRtity eansented to by pai4ies to this Agreement,shall be specifically enforceable in aecer-danee with appheable law 1 4 having jurisdiction thereof-. 8.3.3 The awar-d fender-ed by the arbitfater-i(s)shall be final,and judgment may be entered upon it in aeoer-danoe Init. 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 t 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 10 in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA3F)