AG 1996 03 07 - Laserfiche WebLink

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02/23/96 10:59 8608 271 14t8 E JOHN KNAPP AIA ~.2.fi If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Contract Document~ as necessary to comply with the fLxed limit, if establk~hed as a condition of this Agreement. The modification of Contract Documents shnI1 be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by thc Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect ahall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and' other documents for information and reference in connection with the Owner's use and occupancy of the Prsject. Thc Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of tiffs Project by others, unless the Architect is adjudged to be in default under this Agr,sment, except by agreament in writing and with appropriate compensation to the Architect. 6.2 Submission or di~ribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in d6rogation of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1. Claims, disputes or other' mattera~n question between the parties to this ~:'~-ment arising out of or relating to thij~i:eement or breach thereof shall be su~e~tu ahd decided by arbitration in~Eordance with the Construction In~]~_ y Arb~on Rules of the Amer~on Association currently in ~rties mutually agree oli~rwise. 7.Z Demand for arbitration shall be filed i.~ writing with the other party to this Agr~.e~l~nt and with the American Arhitration/A~iation. A demand for arbitration shall b~de within a reasonable time after the cl~a,h~,, dlspnte or other matter in question has~.i~en, lnno ~vent shall the demand for ~.lrl~ration be made after the date when i~tution of legal or equitable proceedjj~g~ based on such claim, dispute or othe.,,~,~Eatter in quesU'on would be barred by the at~HcabIe statutes of limitations. 7.3 No arbitration arising out of or relating this Agreement.sh~ll include, by joinder or in any other manner, an mai person or entit~ not a party to this except by written consent specific reference to this Agreement by the Owner, Architect, and any person or entity sought to be join Consent to arbitration involving an person or entity shall not of any claim, dis question not deseri with a person o~ therein. The and other to arbitration or other matter in in the written consent or not named or described agreement to arbitrate to arbitrate with an duly consented to hy the to this Agreement shall be spe~ enforceable in accordance with' law in any court having jurisdiction 7.4 The award rendered by the ~bi~jJ, r.a~n~or'3''~'~ arbitrator~ sh'~~ent may be ent~ .an?.e .with.appli_cable ~y court having l'urisdictio~ thereof.