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1998_0824_packet
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1998_0824_packet
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6.3 Except for the licenses granted izi Paragraph 6.2,no ether license or right shall be deemed <br /> granted or implied under this Agreernent.The Owner shall not assign,delegate,sublicense,ple��g� <br /> or otherwise transfer any license granted herein to another party withOLLt the prior- written <br /> a reenient of the Architect. However,the Owner shall be permitted to authorize the Contractor, <br /> Subcontractors,Sub-subcontractors and material or equipment suppliers to reproduce applicable <br /> portions of the Instruments of Service appropriate to and for use in their executicin of the Wi rk <br /> by license granted in paragraph 6.2,Submission or distribution Of 11IstrUillents of Service to meet <br /> official regulatory requirements or for similar purposes in connection��`Lh the Project is not w he <br /> construed as publication in derogation of the reserved rights of the Architect and the Architect's <br /> consultants. The Owner shall not use the Instrunlen s of Service for future additions or <br /> altcratians to this Project or for other projects, unless the Owner obtains the prior written <br /> agreement of the Architect and the Architect"s consultants. All%' unauthorized use of the <br /> Instruments of Service shall be at the 0%-mer's sole risk and without liabilitN,to the Architect and <br /> the Architects consultants. <br /> 6.4 Prior to the Architect p roe•id is ng to the Owner ally Instruments o f erx•ice in electronic <br /> farm or the Owner providing to the Architect any electronic data for incorporation into the <br /> Instruments of Ser\-ice,the Owner and the Architect shall by separate�,�'ritten agreement set forth� <br /> the specific conditions governing the format of such instrunzents of Ser\'ice or electronic data, <br /> including any special limitations or licenses not otherwise provided in Lhis Agreement. <br /> ARTICLE T DISPUTE RESOLUTION <br /> 7.1 MEDIATION <br /> 7.1.1 Any claim,dispute or other matter in question arising out of or related to this Agreement <br /> shall be su'bj�ect to mediation as a condition precedent to arbitration or the institution of legal ��r <br /> equitable proceedings by either party.If such natter relates to or is the sublect of a lien arising out <br /> of the Architect's services, the Architect may proceed in accordance Nvith applicable law to <br /> comply with the lien notice or Fling deadlines prior to resolution of the matter by mediation or <br /> by arbitration. <br /> 7.1.2 The Owner and Architect shall endea�,or to resolve clain-is,disputes wid other matters it'r. <br /> question between them by mediation which,unless the parties mutually agree otherwise,shall be <br /> in accordance Nvith the Construction Industry Mediation Rules of the American Arbitration <br /> Association currently in effect.Request for mediation shall be filed in writing with the other party <br /> to this Agreement and with the American Arbitration association. The request may be made <br /> concurrently.with the filing of a demand for arbitration but, in such event, mediation shall <br /> proceed in advance of arbitration or legal or equitable proceedings,which shall be stayed pending <br /> mediation for a period of 6o flays from the date of filing, unless stayed for a longer period by <br /> agreement of the parties or' court order. - <br /> 7.1.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall <br /> be held in the place where the Project is located,unless another location i5 mutually agreed upon. <br /> f Agreements reached in mediation shall be enforceable as settlement agreements i rx any court <br /> having jurisdiction thereof. <br /> 7.2 ARBITRATION <br /> Q t 9 9 7 A I A OD 7.2.E Any claim,dispute or other matter in question arising out of or related to this Agreement <br /> AIA DOCUMENT B151-1997 r be subject to arbitration.Prior to arbitration,the parties shall endeavor to resoh,e disputes by <br /> ABBREVIATED OWNER- mediation in accordance with Paragraph 7.1. <br /> ARCHITECT AGREEMENT <br /> The American Institute 7.2.2 Claims,disputes and other matters in question between the parties that are not resolved b�- <br /> oF Architects mediation shall be decided by arbitration which,unless the parties mutually agree otherwise,shal 1 <br /> 1735 New York Avenue,N.W. <br /> Washington,D.C.20006-5292 <br /> r WARNING:Un ikensed photocopying violates U.S.copyright laws and will subject Fhe violator to legal prosecution. <br />
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