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Exhibit
<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 against the other and arising out of
<br /> or related to this Agreement,whether in contract,tort, or otherwise,in accordance with the requirements of the
<br /> binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but
<br /> in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect
<br /> 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 A201-2017,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 /> §8.1.3 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question,
<br /> arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential
<br /> damages due to either party's termination of this Agreement,except as specifically provided in Section 9.7.
<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,which,unless the parties mutually agree otherwise,shall be administered by the American
<br /> Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
<br /> this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and
<br /> filed with the person or entity administering the mediation.The request may be made concurrently with the filing of
<br /> a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in
<br /> advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days
<br /> from the date of filing,unless stayed for a longer period by agreement of the parties or court order. If an arbitration
<br /> proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)
<br /> and agree upon a schedule for later proceedings.
<br /> §8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place
<br /> where the Project is located,unless another location is mutually agreed upon. Agreements reached in mediation shall
<br /> be enforceable as settlement agreements in any court having jurisdiction thereof.
<br /> §8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding
<br /> dispute resolution shall be the following:
<br /> (Check the appropriate box)
<br /> Arbitration pursuant to Section 8.3 of this Agreement
<br /> Litigation in a court of competent jurisdiction
<br /> Other: (Specify)
<br /> If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in
<br /> writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of
<br /> competent jurisdiction.
<br /> Init. AIA Document B101 710—2017.Copyright©1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:
<br /> This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA O Document, 17
<br /> or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This
<br /> document was produced by AIA software at 14:48:43 on 12/12/2017 under Order No..3422979013 which expires on 11/08/2018,and is not for resale.
<br /> User Notes: (3139ADA11D)
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