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<br />Instruiments of Service or electronic data. includin�y any special himitations oi- licenses not otherwise provided in this
<br />Agreement,
<br />§ 1.3.3 CHANGE IN SERVICES
<br />ices reqUired of thie Engincer's consultants, may be
<br />§ 1.3.3.1 Change in Services of the J_".ngineer, including servi
<br />accomplished after execution of this Agreement, without invalidating the Agreement, if approved by the Owner in
<br />writing prior to cornmencement of service by the Engineer, If the Owner declines, to, give its approval, the Engineer
<br />shall have no obligation to provide these services. l,_,xcept for a change due to the fault of the Engineer, Change in
<br />Services cd'the Enaineer shall entitle the. 1',ogineer to an adjustolent ill C0111pensation purs int to Section 1 .,5.2, and
<br />to any Reirnbursable Expenses described in Section 1.3.92) and Section 1.5.5.
<br />§ 1.3 3.21f :any of the, following circurnstances affect the Enoineler"s services for the Project, thie F',nginieer shcall be
<br />entitled to an appropriate adjustment in the En.,ineor's, schedulle, aril d coniplens'atilon:
<br />J change in the instructions, or approvals criven by the Owner that ilielces-sitiate revisions in InstrUilleilt,<3
<br />of Service.;
<br />.2 enactment or revision of codes, laws or regulations or official interpretations which necessitate
<br />changes tO preVIOLI.Sly pi-cpared Instrutyients of Service,
<br />.3 decisions of the Owner not rendered In a timiely manner;
<br />.4 significant change in the Project includincr, but not limited to, SiZe, ClUality, cornplexity, the Owner's
<br />schedule or budget., or procurement method;
<br />�5 failure of performance on the part of the Owner or the Owne-r'si COIISL'Iltants or clontractors;
<br />.6 preparation for and attendance at a public hearing, a dispute!l-esolution proceedilig or a legal
<br />proceeding except where the Engineer is party thereto;
<br />.7 change in the in-17ormation contained in Article I I
<br />§ 1.3.4 MEDIATION
<br />§ 1.3.4.1 Any claim, dispute or- other matter in question arising out of or related to this Agreement shall be subject to
<br />inediation as a condition precedent to arbitration or the institution GfIegall or equitable proceediii-igs b�� either party.
<br />'Y
<br />If such matter relates to or is the subject of a lien arising out of the Engineer"s services, the Engineer iflay ll roceed in
<br />accordance with applicable law to comply with the lien notice or filing deiadlinie,,S prior to resolution of the matter by
<br />Cp
<br />mediation or by arbitration.
<br />§ 1.3.4.2 The Owner and Engineer shall endeavor to resolve claims, disputes and other matters in question between
<br />them by mediation. Request for mediation shall be made in writing with the other, party to thiis Agreement. The
<br />request may be made 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 miediation for a
<br />period of 60 days from the date of filing, unless, stayed for a longer period by agreement of the parties or court order.
<br />§ 1.3.4.3 The parties shall share the mediator's fee .and any filing fees eqtKilly. 'Tile mediation shall be held 'in the
<br />place where the Project is located, unless another location is mutuallyagricield upon. Agreements reiachod in
<br />mediation shall be enforceable as settlement agreements in any court having Jurisdiction th'ereo'f.
<br />(Paragraphs deleted)
<br />§ 1.3.7 MISCELLANEOUS PROVISIONS
<br />§ 1.3.7.1 This Agreemont shall be governed by the law of the principal place of business of' the Engineer, unless
<br />otherwise provided in Section I.A.2.
<br />§ 1.3.7.2 Terms ire this Agreem e nt shall h ave the same meani ri g as those in the ed i t i on lof AT A Doic u me n t A20 1,
<br />General Conditions of the Contract for Construction, current, as of thie date of this Algricernient.
<br />§ 1.3.73 Causes of action between the parties to this Agreement pertaining to acts orfaitures to acL shall be idielemed
<br />to have accrued and the applicable statutes of limitations shall commence to run pursuant to Minnesiota Statutes
<br />Chapter 54 1."
<br />§ 1.3.7.4 To the extent damages are covered by property insUrance during construction, and to the extent existing
<br />coverage is not compromised, the Owner and the Engineer waive all rights against each other and against the
<br />AIA Document B141 T14-1997 Part 1. Copyright* 1917, 1926, 1948, 19510 19530 1958, 19161, 1963,1966,, 19167,, 119701, 19 "4" 19,77, 1987 and 1997 by The
<br />I nit. American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S., Copyright Law and international Treaties. 6
<br />Unauthorized reproduction or distribution of this AIAO Document, or any portion of it, may result in sievere cilvil aniid cri'minal plensities, and will be
<br />prosecuted to the maximum extent possible under the law. This document was Iprodulcold Iby AIA solftware at 13:291,23 on 02/08/20108 under Order
<br />No. 100029117080' — 1 which expires on 33/ 1'.33/2-00 83, andis Vk J�j I 00CAIX--
<br />User Notes: (207894130 9)
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