AG 2006 09 25 Regular - Laserfiche WebLink

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consultants and their agents and employees trom and against any and all such claims, damages, iosses and expenses including but not limited to attorneys' fees arising out of or resulting from performance of services by YCHA, its consultants or their agents or employees reiating to such services except where such liability arises from the sole negligence or willful misconduct of the person or entity seeking indemnification. It is assumed that the Owner will, however, contract independently for further surveying and removal of all such materials from the buildings and property prior to any renovations or new construction. ADA COMPUANCE As the American with Disabilities Act (ADA) is primarily a law concerning Civil Rights and Civil Legislation, Architects are not knowledgeable concerning all of the possible interpretations ot this document. Therefore, when compiete, the facility mayor may not be fully ADA compliant. As such, the Architects will comply with Vol. l-C "Making Buildings and Facilities Accessible to and Usable by Persons with Disabilities," 2002 Edition of the NC Accessibility Code. The Architect can and will utilize this document as its full responsibility concerning accessibility to the Owner for the project. USE OF ARCHrTECTS INSTRUMENTS OF SERVICE Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architecfs consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architecfs consuitants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. DISPUTE RESOWnON Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by mediation and arbitration in accordance with the Construction Industry Mediation and Arbitration Rules of the American Arbitration Association in effect at the time of demand for arbitration. The parties agree that they shall endeavor to settle disputes by mediation in accordance with the Construction industry Mediation Rules of the American Arbitration Association in effect at the time of demand tor mediation. A demand tor mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. Any party to this Agreement shall request mediation prior to a demand for arbitration. Any demand tor arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen and after a demand for mediation has been made. The parties agree that any mediation or arbitration demand, meeting, conference or hearing shall be made and occur in Concord, North Carolina or such other location as the parties may mutually agree. It is specifically intended by this paragraph that mediation and arbitration under the Rules of the American Arbitration Association are the sole method for resolving disputes or claims between the parties for any matter arising out of the course and scope of this Agreement or work performed by YCHA or Owner under the Project. Therefore any award rendered by the mediator or arbitrator shall be finai and judgment may be entered upon it in accordance with applicabie law in any court having jurisdiction. F-/J Page 3 of 4 G:\YATES\Tech\26\2600S.00'v\greement fOI Services. 8ethel SchooLdoc