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§ 7.4 Fx(:el)t for the licenses granted ill this Article 7, no other license or right shall be deemed granted of- implied
<br />under this Agrcc:rtww. The Owner shall not assign, dele-aw, sublicense, pledge or otlict-wise transfer any license
<br />,ranted hercill to another party without the prior written al recment of'thc Architect. Any unauthorized use of the
<br />Instrutnenls of Service shall be at the Owner's sole risk arid without linbility to the Architect and the Architect's
<br />consultants,
<br />ARTICLE.B CLAIMS AND DISPUTES
<br />§ 8.1 GENERAL
<br />§ 8.1.1 Tile Owner and Architect shall continence all claims and causes of actiou,'whether in contract, tort, or
<br />otherwise, against the other arising out of or related to this Agreement ill accordance with the requirements of the
<br />method of binding dispute resolution selected ili (his Agreement within the period specified by applicable law, but in
<br />any case riot niore than 10 ,years after dw date of Substatilial Completion of the Work. The Owner and Architect
<br />waive Lill claims and causes of action not c:onuuencecl in accordance with this Section 8.1.1.
<br />§ 8.1.2 To the extent darnagcs are covered by properly insurance, the Owner and Architect waive all rights agaillst
<br />each other ittid ag;arinst the contractors, consultant%, agents and employees of the other for danlages,.except. such
<br />riflits as they may have to the proceeds of such insurance as set forth h► AIA I)ocurncnt A 107-2007, Standard Form
<br />of Agreement Between Owner and Contractor for a project of Limited Scope. The Owner or the Architect, as
<br />appropriate, shall require of the contractors, consultants, agents and employees of any of than similar waivers in
<br />favor of the other parties enumerated herein.
<br />§ 8.1.31'he Architect and Owner waive cortseclucntial damages for claims, disputes or other matters ill question
<br />arising out of or relining to this Agreement. This mutual waiver is applicable, without litnitation, to all consequential
<br />damages due to either party's termination of this Agreement, except as specifically provided in Section 9.6.
<br />§ 8.2 MEDIATION
<br />§ 8,2A Any claim, dispute or other matter in question arising out of or related to this Agreement shall he subject to
<br />mediation as a condition precedent to binding dispute resolution. If'such shatter 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 (lie platter by mediation or by binding dispute resolution.
<br />§ 8.2.2 Mediation, unless the parties mutually agree otherwise, shall be adininistcred by the American Arbitration
<br />Association is accordance with its Construction Industry Mediation Procedures in effect on the, date of the
<br />Agreement: The parties shall share the mediator's fee and ;illy filing flees equally. Tile mediation shall be held in the
<br />place where the project is located, unless another location is mutually agreed upon. Agreements reached in
<br />mediation shall he enforceable its settlement agreements in any court having; jurisdiction thereof.
<br />§ 8.2.3 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of bindior
<br />dispute resolution shall he the following:
<br />(Check- the appropriate bo.r, if the Owner and Architecl du nal :se ect a nwihod of binding dispute revuluti in below-,
<br />or do not .suhsequendy agree in writing to a binding dispute resolution method other than liligalion, the dispute will
<br />be re.svlved in a court of compelent jurisdiction.)
<br />[Xi Arbitration pursuant to Section 8.3 of this Ag;recnient
<br />❑ T.iligation in a court cif cotnpctt;ill jurisdicliuri
<br />❑ Other {.Spec- A-)
<br />§ 8,3 ARBITRATION
<br />§ 8.3,1 If the parties harve wlected arbitration as (he method for binding dispute resolutiot: in thi's Agreement any
<br />claim, dispute or other matter in question arising; out of or related to this Agreement 1ubjict lo, but not resolved by,
<br />mediation shall be subject. to alrbill'a6 3l.l which, tnllcss the parties mutually agree oihvrwiw, shall be administered by
<br />the American Arbitration Association in accordance with its Consiruclion hldWilry Arbitration Rules in effect on the
<br />date of the Agi-celllcnt.
<br />AIA poctiment 1310411' 2007 Copyriglit Ul,7.ri 1 13 £ 19117trig aw.1200 by r!in Arnt ririn In brine el M;Wlpoii All rights reserver[ tk r Ei`
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<br />t PLITC11H. rS are permitled to repiodcoe on (to) copies of. this doNirnanl when Qompleted. 'ro report copyright violatinns of AiA Conlra�ct Documonls, o
<br />mail The American Irislitule of Architncls' legal co.irlsel, copyri,Uht@aia.org.
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