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[ ] Other: (Specify) <br /> If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in <br /> writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of <br /> - .. . competent jurisdiction. <br /> §8.3 Arbitrafon <br /> §8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement,any <br /> claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by, <br /> mediation shall be subject to arbitration,which,unless the parties mutually agree otherwise,shall be administered by <br /> the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the <br /> date of this Agreement.A demand for arbitration shall be made in writing,delivered to the other party to this <br /> 'Agreement,and filed with the person or entity administering the arbitration. <br /> §8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for <br /> mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based <br /> on the claim,dispute or other matter in question would be barred by the applicable statute of limitations.For statute <br /> of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the <br /> arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute or other <br /> matter in question. <br /> §8.3.2 The foregoing agreement to arbitrate,and other agreements to arbitrate with an additional person or entity <br /> duty consented to by parties to this Agreement,shall be specifically enforceable in accordance with applicable law <br /> in any court having jurisdiction his <br /> §8.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance <br /> with applicable law in any'court having jurisdiction thereof. <br /> §8.3A Consolidation or Joinder <br /> §8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any <br /> other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration <br /> permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact; <br /> and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). <br /> §8.3A.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a <br /> common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, <br /> provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an <br /> additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question <br /> not described in the written consent. <br /> §8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this <br /> Section 8.3,whether.by joinder or consolidation,the same rights of joinder and consolidation as the Owner and <br /> Architect under this Agreement. <br /> §8.4 The provisions of this Article 8 shall survive the termination of this Agreement. <br /> ARTICLE 9 TERMINATION OR SUSPENSION <br /> §9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be <br /> considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension <br /> of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give <br /> seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the <br /> Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of <br /> services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any <br /> Init. AIA Document 13101—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 18 <br /> 17:10:13 ET on 11/30/2023 under Order No.41 G4245152 which expires on 0 9/1 012 024,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@aiacantracts.com. <br /> User Notes: (31319ADA213) <br />