§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license
granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the
Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s
consultants.
ARTICLE 8 CLAIMS AND DISPUTES r
§ 8.1 General i
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether ib contract, tort, or
otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the"
method of binding dispute resolution selected in this Agreement within the period specified by applicable-law,-but-ig-—omnind
any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect
waive ali 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 atte all rights against
each other and against the contractors, consultants, agents and employees of the other for ages, except such
rights as they may have to the proceeds of such insurance as set forth in AIA Document 1-2007 , Genera
Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the
Construction Manager, contractors, consultants, agents and employees of any of them similar waivers in favor of the
other parties enumerated herein.
§ 8.1.3 The Architect shall indemnify and hold the Owner and the Owner’s officers and emplo tmtléss bom — .
and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees. 4
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 a ] :
Agreement. The Architect’s duty to indemnify the Owner under this provision shall be limited to the available =”
proceeds of insurance coverage.
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§ 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other, dtters inition |
arising out of or relating to this Agreement. This mutual waiver is applicable, without limi tioria,all consequentjal
damages due to either party’s termination of this Agreement, except as specifically provided-in. Sectioi#'9 In |
~ te 2
§ 8.2 Mediation TL
§ 8.2.4 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to” ane |
mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien “S
arising out of the Architect’s services, the Architect may proceed in accordance with applicable te.comply with we i
the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding, ispute soln a a
ee
them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American “”
Arbitration Association in accordance with its Construction Industry Mediation Procedures|in éffect on the dafe of
the Agreement. A request for mediation shall be made in writing, delivered to the other parfy té the Agreement, and
filed with the person or entity administering the mediation. The request may be made concurrently with the filing of
i ian .
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other ie in/question e en
a complaint or other appropriate demand for binding dispute resolution but, in such event, shediation shall proceed in.
advance of binding dispute resolution proceedings, which shall be stayed pending mediation-for-a-period-of 60-days———"
from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of. ‘fhe-arbitrator(s)
and agree upon a schedule for later proceedings. a MS
Zo oe ‘
§ 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation pay held in the place 40°
where the Project is located, unless another location is mutually agreed upon. Agreements reacHed in mediation shall 4
be enforceable as settlement agreements in any court having jurisdiction thereof.
Urorceonsbiaoneceaine
§ 8.2.4 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:
AIA Document B133™ - 2014. Copyright © 2014 by The American Institute of Architects. All rights reserved. WARNING: This AITA° Document ‘is
protected by U.S. Copyzight Law and International Treaties. Unauthorized reproduction or distribution of this ALA® Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted te the maximum extent possible under the law.
This draft was produced by AIA software at 12:43:58 on 07/15/2016 under Order No.1575871642_1 which expires on 02/08/2017, and is not for
resale.
User Notes: (1146770772)
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