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<br />§ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the
<br />Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
<br />and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment
<br />of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the
<br />Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to
<br />authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the
<br />Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely
<br />and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates
<br />this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.
<br />§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
<br />Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
<br />from such uses. The Owner, to the extent permitted bylaw, further agrees to indemnify and' hold harmless the
<br />Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes
<br />of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of
<br />the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner
<br />rightfully terminates this Agreement for cause under Section 9.4.
<br />§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied
<br />under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license
<br />granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the
<br />Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
<br />consultants.
<br />ARTICLE 8 CLAIMS AND DISPUTES
<br />§ 8.1 GENERAL
<br />§ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
<br />otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the
<br />method of binding dispute resolution selected in this Agreement within the period specified by applicable law. The
<br />Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1.
<br />§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
<br />each other and against the contractors, consultants, agents and employees of the other for damages, except such
<br />rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 2007, General
<br />Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the
<br />contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties
<br />enumerated herein.
<br />(Paragraph Deleted)
<br />§ 8.2 MEDIATION
<br />§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
<br />mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien
<br />arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with
<br />the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
<br />§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
<br />them by mediation. A request for mediation shall be made in writing, delivered to the other party to the Agreement,
<br />and filed with the person or entity administering the mediation. The request may be made concurrently with the
<br />filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall
<br />proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period
<br />of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an
<br />arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the
<br />arbitrator(s) and agree upon a schedule for later proceedings.
<br />AIA Document 13101 n' —2007 (formerly B151"" —1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
<br />reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
<br />this A1Ao Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
<br />under the law. This document was produced by AIA software at 10:10:07 on 07/02/2015 under Order No. 8583696391 which expires on 07/01/2016, and is not
<br />for resale.
<br />User Notes: (3B9ADA20)
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