Init.
losses, including reasonabie attorney's fees, suffered by the Architect as a result of the use of the design and these documents
for such other purposes, the Owner shall see that they are modified (a) to indicate that the Architect did not prepare them for
such other purposes and is not responsible for their use in connection with such other purposes and (b) to delta the Architect's
name and seal from the documents (where permitted or required by law).
§ 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. No other Project-related data, expression, or documents otay be reproduced by the Architect of its
Consultants for any other proposes without the express writlen permission of the Owner.
§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this
Agreement.
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 us
they may have to the proceeds of such insurance as set forth in AIA Document 4201-2017, General Conditions of the
Contract for Construction. 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.
§ 8.1.3 Intentionally omitted
§ 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 mutter 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 resolution.
§ 8.2.2 Intentionally omitted
§ 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shali 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.
§ 8.2.4 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:
(Check the appropriate hox.}
[ ] Arbitration pursuant to Section 8.3 of this Agreement
{X ] Litigation in the State of New Hampshire, Superior Court Hillsborough South,
[ ] Other: (Specify)
if the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in
writing lo a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent
jurisdiction.
AIA Document B104™ — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute af Architects. All rights reserved, WARMING Thi-
AIA” Document is protected by U.S Copyright Law and International Treaties, Unauthonzed reproduction er distribution of this ALA” Document, er any 18
portion of it. may result in severe civil and criminal penalties, and will be prosecuted to tna Tauri extent possible uncec the law. This document was
produced by AIA software at 14:12:42 ET an 04/02/2019 under Order No.0100024863 which expires on 12/13/2019, and is not for resale.
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