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§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
<br />Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
<br />from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
<br />Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes
<br />of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of
<br />the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner
<br />rightfully terminates this Agreement for cause under Section 9.4.
<br />§ 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 />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, whether in contract, tort, or
<br />otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the
<br />method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in
<br />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 -2007, 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 />§ 8.2.2 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 />the Agreement. A request for mediation shall be made in writing, delivered to the other party to the 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 />§ 8.2.4 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 />AIA Document B701 TM — 2007 formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
<br />Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 13
<br />of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxi rry}{gr "
<br />� p �511�1
<br />under the law. This document was produced by AIA software at 09:14:42 on 11/08/2016 under Order No.7362255683_1 which expires on a d `is"�r 2 \n
<br />not for resale.
<br />User Notes: G_6 Pa (1256 98433)
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