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Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
<br />consultants.
<br />§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this
<br />Agreement.
<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 or
<br />related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding
<br />dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case
<br />not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all
<br />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 rights
<br />as they may have to the proceeds of such insurance as set forth in AIA Document A 104-2017, Standard Abbreviated
<br />Form of Agreement Between Owner and Contractor. 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 />§ 6.1.3 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 9.6.
<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 the
<br />lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
<br />§ 8.2.2 Mediation, unless the parties mutually agree otherwise, shall be administered by the American Arbitration
<br />Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this
<br />Agreement. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the
<br />place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation
<br />shall be enforceable as settlement agreements in any court having jurisdiction thereof.
<br />§ 8.2.3 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 />[ ] Arbitration pursuant to Section 8.3 of this Agreement
<br />[ X ] 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 competent
<br />jurisdiction.
<br />18.3 Arbitration
<br />§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any
<br />claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
<br />mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by
<br />the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
<br />date of the Agreement.
<br />Init. AIA Document B704 — 2017. Copyright 01974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of
<br />Architects; 'AIA; the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at 9
<br />09:23:24 ET on 0=81=3 under Order No.3104238359 which expires on 04112f2024, is not for resale, is licensed for one-time use only, and may only be used in
<br />/ accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (2032889426)
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