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§ 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the
<br />Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that
<br />the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement.
<br />The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this
<br />Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon
<br />such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return
<br />to the Architect within seven days of termination all originals and reproductions in the Owner's. Possession or control. If
<br />::and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed
<br />terminated and replaced by a second, nonexclusive license permitting the Owner. to authorize other similarly
<br />credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions
<br />to the Instruments of Service solely for purposes of completing, using. and nantairung the Project.
<br />§ 6.3 Except for-the licenses granted in Section 6.2, no other license~or right shall be deemed granted or implied under
<br />this Agreement: The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted
<br />herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to
<br />authorize the Contractor; Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce
<br />:applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license
<br />granted in Section 6:2. Submission or distribution of Instruments of Service to meet official regulatory requirements or
<br />for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved
<br />rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future
<br />additions or alterations to this Project or for other projects, unless the.,Owrer obtains the prior written agreement of the
<br />,..
<br />Architect and the Architect's consultants. Any unauthorized use of the instruments of Service shall be at the Owner's
<br />sole risk and without liability to the Architect and the Architecf's''consultants.
<br />§ 6.4 Prior to the Architect providing to the Owner any ltistruments of Service in electronic form or the Owner providing
<br />to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Arcliitei;t'shall
<br />by separate written agreement set forth thespecific conditions governing the format of such Instruments of Service or
<br />electronic data, including any special limitations or licenses not otherwise provided in this Agreement.
<br />ARTICLE 7 DISPUTE RESOLUTION
<br />§ 7.1 MEDIATION ,. , m~;i' ~'~`'
<br />§ 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shad be subject to
<br />mediation as a condition precedent to arbitration or the institution of legal or'lequitable proceedings by either party. If
<br />such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may 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 />~~ if Fc;
<br />§ 7.1.2 The Owner and A 'hitect shall endeavor to resolve claims, disputes and other matters in question between them
<br />by mediation which, ~~ the parties mutually agree eilaer-t~ise, shall be in accordance with the Construction Industry
<br />Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in
<br />writing witiz the other party to this Agreement and with the American Arbitration Association. The request may be made
<br />concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of
<br />arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the
<br />date of filing, unless stayed for a longer period by agreement of the parties or court order.
<br />§ 7.1.3 The parties shall share tite mediator's fee and any:filiiig fees equally. The mediation shall be held in the place
<br />where the Project is located, unless another location is utually agreed upon. Agreements reached in mediatio~i sizall be
<br />enforceable as settlement agreements in any court,having jurisdiction thereof.
<br />~ 7:2 ARBLT.B TIO~__ N __ d` ° ~' ~ •`
<br />§ 7.2.1 Any claim, dispute o'r~titer-matter in question arising out of or- related to this Agree.~entshall-be-subj~ecria'"-
<br />arbitration. Prior to arbitration, the~parties s_.1~'ilLend ae~-vo- -r to esQl~isput be.~. nei dration in accordance with
<br />.Sect-ion-~: k:----m---~"_..-.-`;...' _"'.'-,--~,--
<br />AIA Document B151TM -1997. Copyright ©1974, 1978, 1987, and 1997 by The American Institute of Architects. Aii rights reserved. WARNING: This
<br />AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°Document, g
<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.
<br />Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, a-mail
<br />The American Institute of Architects' legal counsel, copyright@aia.org.
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