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<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 3.3.1.
<br />§ 3.4 Except for the licenses granted in this Article 3, 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 4 CLAIMS AND DISPUTES
<br />§ 4.1 GENERAL
<br />t § 4.1.1 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 4.1.1.
<br />§ 4.1.2 To the extent damages are covered by property insurance, the Own d Architect waive all rights against
<br />each other and against the contractors, consultants, agents and employe other for damages, except such
<br />' rights as they may have to the proceeds of such insurance as set fort AIA ment A201-2007, General
<br />Conditions of the Contract for Construction, if applicable. The O or the Arc t, as appropriate, shall require
<br />of the contractors, consultants, agents and employees of any o m similar waiver avor of the other parties
<br />enumerated herein.
<br />§ 4.1.3 The Architect and Owner waive consequential damages ims, disputes or other matters in question
<br />arising out of or relating to this Agreement. This m 'ver is a 'able, without limitation, to all consequential
<br />' damages due to either party's termination of this Ag . m t a ecifically provided in Section 5.7.
<br />§ 4.2 MEDIATION
<br />§ 4.2.1 Any claim, dispute or other mat q 'on art .gout of or related to this Agreement shall be subject to
<br />' mediation as a condition precedent nding ute res .lion. If such matter relates to or is the subject of a lien
<br />arising out of the Architect's servic a ceed in accordance with applicable law to comply with
<br />the lien notice or filing deadlines prior ution o e matter by mediation or by binding dispute resolution.
<br />' § 4.2.2 The Owner and tect sha dea o resolve claims, disputes and other matters in question between
<br />them by mediation wh unless the p 'es m ually agree otherwise, shall be administered by the American
<br />Arbitration Association cordance its Constniction Industry Mediation Procedures in effect on the date of
<br />the Agreement. A request ediati all be made in writing, delivered to the other party to the Agreement, and
<br />' filed with the person or entity ring the mediation. The request may be made concurrently with the filing of
<br />a complaint or other appropriate and 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 />' § 4.2.3 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.
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<br />§ 4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2, the method of binding
<br />dispute resolution shall be the following:
<br />(Check the appropriate box. If the Owner and Architect do trot select a method of binding dispute resol++tion below,
<br />or do nat subsegt+ently agree in writing to a binding dispute resolution method other than litigation, the dispute will
<br />be resolved in a court of competent jurisdiction.)
<br />i T~T-~o'rt-r-atierrp ••~ •,, c~••,:"•, nr,-moo:^f thiS~gFe@tt}@f1t
<br />[ X ]Litigation in a court of competent jurisdiction
<br />AIA Document B102Tr" - 2007 (formerly 8141 T^' -1997 Part 1). Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,
<br />1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright 4
<br />Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Oocurnent, or any portion of It, may resuAt~jp~~dy,((„ap~ 2
<br />criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA s $~~((jj~~''
<br />05/27/2009 under Order No.1000356205_1 which expires on 7/25l200~ac~d is not for resale. Page 73 of
<br />User Notes: 5399971)
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