Init.
§ 8.3 Arbitration
§ 8.3.7 If the parties have selecied arbitration as the method for binding dispute resolution in this Apreement, any
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by
the American Arbitration Association in accordance with us Construction Industry Arbitration Rules in effect on the
date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other parly to this
Agreement, and filed with the person or entity administering the arbitration,
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing ofa request for mediation,
but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim,
dispute or other matter in question would be barred by the applicable statute of limitations, For statute of himitations
purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall
constilute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question.
§ 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly
consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any
court having jurisdiction thereof.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and Judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
§ 8.3.4 Consolidation or Joinder
§ 8.3.4.1 Lither party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s),
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence ts required if complete relief is to be accorded in arbitration, provided
that the parly sought to be joined consents in wriling to such joinder. Consent to arbitration involving an additional
person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not
described in the written consent.
§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether by joinder or consolidation, the same ri ghts of joinder and consolidation as the Owner and
Architect under this Agreement.
§ 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 The Architect shall give the Owner twenty-one (21) days written notice of the Architect’s intention to terminate
or suspend provisions of Services. This notice shall detail the Architect’s specific reason(s) for its intended
termination or suspension and shall state with specificily the means by which the Owner may cure the alleged reason.
§ 9.2 If the Owner fails to make payments to the Architect that are otherwise due hereunder and are not subject to a
good faith dispute, the Architect shall give the Owner fourteen (14) days’ advanced written notice of its intention to
suspend Services, If the Owner fails cither to pay or justify its lack of payment of undisputed amounts in accordance
the terms of this Agreement Architect may give notice of suspension and suspend the Services five (5) day thereafier.
Services shall otherwise be performed continually and expeditiously, including during the pendency of disputes. Phe
suspension shall cease when payment in full of undisputed amounts is made.
§ 9.3 Unless otherwise noted herein or indicated in the Project Schedule most recently approved by the Owner, or
unless caused by the Architect if the Project Is suspended by the Owner for more than ninety (90) consecutive days, the
Architect shall be compensated for Services that were fi ully and satisfactorily performed prior to suspension and shall
receive equitable payment for the Architect’s demonstrated actual costs to remobilize to continue performance when
Services are recommended by request of the Owner.
AIA Document 8104 ™ — 2017, Capyright @ 1974, 1978. 1987, 1997 2007 and 2017 by The Amencan Institute of Architects. All rights reserved. WARNING: This
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