init.
defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and
expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1.
§ 7.4 Reserved
§ 7.5 The Architect shall not use or allow to be used the Drawings, Specifications or reports or unique design
aspects of this Project for any other project, without the prior written approval of the Owner. Architect may re-use
standard specification texts and details.
§ 7.6 Upon the filing by the Architect of a petition in bankruptcy or upon other proceeding or action by or against
the Architect under the relevant law on bankruptcy, this Agreement shall be governed by Section 365(n) of the US.
Bankruptcy Code, if applicable. If any person seeks to reject this Agreement pursuant to bankruptcy law, the
Owner shall have the option of using the Instruments of Service for either the original term of this Agreement or a
period of five (5) years after rejection is requested.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 General
§ 8.1.1 The Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from
and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees
and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or
omissions of the Architect, its employees and its consultants in the performance of professional services under this
Agreement.
(Paragraphs deleted)
§ 8.2 Mediation
§ 8.2.1 The Owner and Architect may endeavor to resolve claims, disputes and other matters in question between
them by mediation. A request for mediation shall be made in writing, delivered to the other party to the Agreement,
and filed with the person or entity administering the mediation. The request may be made concurrently with the
filing of a complaint.
§ 8.2.2 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 m any court baving jurisdiction thereaf.
§ 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. If the Owner and Architect do not select a method of binding dispute resolution below,
or do not subsequenily agree in writing to a binding dispute resolution method other than litigation, the dispute will
be resolved in a court of competent jurisdiction.)
[ JArbitration
{ X ] Litigation in a court of competent jurisdiction
i JOther: (Specify)
§ 8.2.4
(Paragraphs deleted)
In the event of any Controversy between Owner and Architect under this Agreement, including but not limited to,
whether or not-any services Owner expects Architect to perform are within the scope of Basic Services or any
dispute as to whether the Architect is entitled to additional compensation for any Work required, Architect shall
continue to proceed diligently with the performance of its services under this Agreement pending resolution of the
dispute, and Owner agrees to pay Architect in accordance with this Agreement for all services rendered by Architect
which are not the subject of the Controversy.
(Paragraphs deleted)
AIA Document B133™ ~ 2014, Copyright © 2014 by The American Institute of Architects, All rights reserved. WARNING: This AIA” Document is protected
by U.S. Copyright Law and intemational Treaties. Unauthorized reproduction or distribution of this AA” Document, or any portion of it, may result in
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Jaw. This document was produced by AIA software
at 09:28:04 on 11/11/2016 under Order No.1575871642_4 which expires on 02/08/2017, and is not for resale.
User Notes: (1482978134)
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