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<br />• s decisions o£ the Owner not rendered in a +.irnely manner; <br />.a significant change in the Project including, but not limited to, size, quality, complexity, <br />the Otivner s schedule or budget, or procurement method; <br />s failure of performance on the part of the Owner or the Owner's consultants <br />or contractors; <br />.s preparation for and attendance at a public hearing, a dispute resolution proceeding or <br />a legal proceeding except where the Architect is party thereto; <br />.~ change in the inFormation contained in Article l.l. <br />13.4 MEDIATION <br />1.3.4.1 Any claim, dispute or other matter in question arising ouf of or related to this Agreement <br />shall be subject to mediation as a condition precedent to arbitration or the institution of legal or <br />equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out <br />of the Architect's ser4~ces, the Architect may proceed in accordance with applicable law to <br />comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or <br />by arbitration. <br />• <br />ffl~ <br />~ a <br />o. .o <br />°Q ci/o o° <br />®1997 AIA~ <br />A1A DOCUMENT Bi41-1997 <br />STANDARD FORM <br />AGgcEMENT <br />The American Institute <br />of Architects <br />1735 Neva York Avenue, N.W. <br />Washington, D.C. 20006-5292 <br />1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in <br />question between them by mediation which, unless the parties mutually agree other">ise, shall be <br />in accordance with the Construction Industry Mediation Rules of the American Arbitration <br />Association currently in effect.. Request for mediation shall be filed in writing with the other party <br />to this Agreement and tivith the American Arbitration Association. The request may be made <br />conatrrently >•vitlt the filing of a demand for arbitration but, in such event, mediation shall <br />proceed in advance of arbitration or legal or equitable proceedings, "*hich shall be.stayed pending <br />mediation for a period of 6o days from the date of filing, unless stayed for a longer period by <br />agreement of the parties or court order. <br />1.3.43 The parties shall share the mediator's fee and any filing fees equally_ The mediation shall <br />be held in the place where the Project is located, unless another location is mutually agreed upon. <br />:'agreements reached in mediation shall be enforceable as settlement agreements in any court <br />hating jurisdiction thereof. <br />13.5 ARBITRATION <br />1.3.5.1 Any claim, dispute or other matter in question arising out of or related to ll~is Agreement <br />shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by <br />mediation in accordance with Paragraph i.3.4. <br />1.3.5.2 Claims, disputes and other matters in question between the parties that are not resol\~ed by <br />mediation shall be decided by arbitration which, unless the parties mutually agree othen,~ise, shall <br />be in accordance with the Construction Industry Arbitration Rules of the American Arbitration <br />Association currently in effect. The demand for arbitration shall be filed in writing with the other <br />party to this Agreement and with the American Arbitration Association. <br />13.53 A demand for azbitration shall be made within a reasonable tune after the claim, dispute <br />or other matter in question has arisen. In no event shall the demand for arbitration be made after <br />the date when institution of legal or equitable proceedings based on such claim, dispute or other <br />matter in question would be barred b}~ the applicable statute of limitations. <br />13.5.4 No arbiira±ion arising out of or relating to this Agreement shall include, by consolidation <br />or joinder or in amr other manner, an additional person or entity not ~ party to thss Agreement, <br />except by written consent containing a specific reference to this Agreement and signed by the <br />Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration <br />invoh~ng an additional person or entity shall not constitute consent to arbitration of any claim, <br />i:r'f,r~k?t~ra;:: Unlicensed photocopying vlolalet US. copyright laws and wit) svbfect the violaror ro legal prosecution. <br />