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,2 enactment or revision of codes, laws or regulations or official interpretations which niecessitatie
<br />changes to previously prepared Instruments of Service',
<br />.3 decisions of the Owner not rendered in a timely manner; Owner, s
<br />.4 significant change in the Project including, but not limited to, size, quality,, complexity, n
<br />,
<br />schedule or budget, or procurement method;
<br />.5 failure of performance on the part of the Owner or the Owner '1 s consultants or contractors;
<br />.6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal
<br />proceeding except where the Engineer is party thereto-,
<br />.7 change in. the information contained in Article I - 1,
<br />§ 1.3.4 MEDIATION
<br />§ 1.3.4,1 Any claim, dispute or other matter in question arising out of or related to tffis Agreement shall be subilect to
<br />mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party'.
<br />If such matter relates to oi, - is the subject of a lien arising
<br />ing out of the Engineer's services, the Engineer ay proceed in
<br />accordance with applicable law to comply with the lien notice or filing deadlines prior, to resolution of the matter by
<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 iji writing with the other party to this Agreement. The
<br />request may be made concurrently with flie. filing of a dernalld for arbitration but,, in such event, mediation shall
<br />proceed in advance of arbitration or legal or equitable proceedings, wldch shall be stayed piending mediation 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 />§ 1,14.3 The parties shall share the mediator's fee and any- filing fees equally. The inediation shall lie held in the
<br />place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
<br />mediation shall be enforceable as settlement agreements in any court having Juxisdiction thereof.
<br />(Paragraphs deleted)
<br />§ 1.3.7 MISCELLANEOUS PROVISIONS
<br />§ 1.3.7.1 This Agreement shall be governed by the law of the principal place of business, of the Engineer, unless
<br />otherwise provided in Section 1.4.2.
<br />§ 1.3.7.2 Terms in this Agreement shall have the same meaning as, those in the edition of IA Document A201
<br />General Conditions of the Contract for Cozistruction, current as of the date of this Agreement.
<br />§ 1.3.7.3 Causes of action between the parties to this Agreement pie,rtai,ning to acts or failures to act shall be deemed
<br />to have accrued and the applicable statutes of linuitations shall commence to run pursuant to Minnesota Statute
<br />Chapter 54 1.."
<br />§ 1.3.7.4 To the extent damages are cove-red 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 />contractors, consultants, agents and employees of the other for darnages, except such rights as they may have to the
<br />proceeds of such insurance as set fordi in the edition of ATA Document A201, General Conditions- of the Contract
<br />for Construction, current as of the date of this Agreement, The Owner or the Engineer, as appropriate,, shall require
<br />of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties
<br />enumerated herein.
<br />§ 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
<br />favor of a third party against either the Owner or Engineer.
<br />1.3.7.6 Unless otherwise provided in this Agreement, the Engineer and Engincer's consultants shall have no
<br />responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous
<br />materials or toxic substances in any form at die Project site.
<br />1.3.7.7 The Engineer shall have the right to include Photographic or artistic representations of the design of the
<br />Project among the Engineer's promotional and professional materials. The Engineer shall be given reasonable access
<br />to the completed Project to make such representations. However, the Engineer's materials shall not include the
<br />Al A Document B141TM-1997 Part I. copyright C 1917,1926� 1948,1951, 1953,1,1958,11961, 19�&3.1966,, 1 19167,1970, 11974j, 1977, 19187and1997 by The
<br />In t. American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S., Copyright �,Law and International Trealles.
<br />Unauthorized reproduction or distribution of this Ale Document, or any portioni lot it, May, riesult lIn seviere civill and arlminal pienaftles, and will be
<br />prosecuted to the maximum extent possible under the law. This document was produced by AIA sioftwarie iat 107:41291 on 0210.5,1 00 undier Order
<br />4 1 11 ^V11 -10 %A
<br />Noll 000^02 71492, nd i—s not ior resele (482441425)
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