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§7.4-Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied
<br /> under,this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license
<br /> granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the
<br /> Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
<br /> consultants.
<br /> §7.8 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this
<br /> Agreement.
<br /> ARTICLE 8 CLAIMS AND DISPUTES
<br /> §8.1 General "
<br /> §8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of
<br /> or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the
<br /> binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but
<br /> in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect
<br /> waive all claims and causes of action not commenced in accordance with this Section 8.1.1.
<br /> §8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against
<br /> each other and against the contractors,consultants,agents,and employees of the other for damages,except such
<br /> rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General
<br /> Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the
<br /> contractors,consultants,agents,and employees of any of them,similar waivers in favor of the other parties
<br /> enumerated herein.
<br /> §8.1,3 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question,
<br /> arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential
<br /> damages due to either parry's termination of this Agreement,except as specifically provided in Section 9.7.
<br /> §8.2 Mediation
<br /> §8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to
<br /> mediation'as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien
<br /> arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with
<br /> the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
<br /> §8.21 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between
<br /> them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American
<br /> Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
<br /> this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and
<br /> filed with the person or entity administering the mediation.The request may be made concurrently with the filing of
<br /> a complaint or.other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in
<br /> advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days
<br /> from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration
<br /> proceeding is stayed.pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)
<br /> and agree upon a schedule for later proceedings.
<br /> §8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place
<br /> where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall
<br /> be enforceable as settlement agreements in any court having jurisdiction thereof.
<br /> §8.2A If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding
<br /> dispute resolution shall be the following:
<br /> (Check the appropriate box.)
<br /> [ ] Arbitration pursuant to Section 8.3 of this Agreement
<br /> [XX] Litigation in a court of competent jurisdiction
<br /> Init. AIA Document B101—2017.Copyright @ 1974,1978,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects;"American Institute
<br /> of Architects;"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 17
<br /> 17:10:13 ET on 11/30/2023 under Order No.4104245152 which expires on 09/10/2024,is not for resale,is licensed for one-time use only,and may only be used
<br /> / in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com.
<br /> User Notes: (3B9ADA2B)
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