Orange County NC Website
§ fr.2 i,pon execution of this ~`,greemeta, the Architect <~r-ants [o the 04vner a trotu~xclutii~.~e lirrnsr Ic: rrprodu~•c the <br />Architect's Istrutnenis of Servicesofely 1'orpu~poses ofconstruclin:;, usin~~ :uul rn:_tinl:rinin lire f'r~~jcct. hr-ovidcd that <br />tAhe t?wner shall comply with al[ obligations, including prompt payment of all sums ~dhen glue. ltnclcr this ~reenrent. <br />The Architect shall obtain similar nonexckrsivc iicernes from the ~lrchitcct's ~;unsull:utts corrsistcr+t with ibis <br />Agreement. Any termination of this Agreement prior to completion of the Project sha[1 lenninate this license. Upon <br />such termination, the Owner shall refrain From making Further reproductions of )nstrcmicnts of Service and shall rc;turn <br />to the Architect within seven days of termination a)1 originals and reprcxluctions in the Owner's pi>ssession or control. If <br />and upon the date the Architect is adjudged in default of this Agreement, theeoregaing 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 pwposes of completing, using and maintaining 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 shaII not assign, delegate, sublicense, pledge or otherwise transfer any licentie granted <br />herein to another party without the prior written agreement of the Architect. However, the Owner shat] be perntted to <br />authorize [rte Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to n:produce <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 sinailar_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 oi• alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the <br />- Architect and rile Arohitect's consultants. Any unauthorized use o_f;the Instruments of Service shall be at the Owner's <br />,role risk arii~ widtout )liability to`the Architect and the Architect's consultants. <br />- §_f 4 Poor to the Arcltiteet providing to the Ownec-an3r I>,ist'itments of Service in electronic form or the Ownerpioviiing <br />-to the A:tchttect°any electronic data for incor~Qratiota- iiito the Instruments of Service, the Owner and the.Atchitect shall <br />- ~ ` by separate written _xgze~ement set forth .th~:speciilc conditions governing the fornnat of such Instruments of Service or <br />~- eiecYxotiiC'data, i:nc~iiding any special 1Titrt%tations or licenses not otherwise provided in this Agreement: <br />`ARTICLE 7. QISPUTE RISQLUTION ,may k/Z . <br />_ § 71 MEflilAT10N . ~ <br /><g 71 1 ~nq claitrr, dtspuee or outer matter in question arisiung out of or related t~i'tltis.Agreement SCi~li be subject to <br />ztiedxafioi3 ~s a:comchhoji p~•ec~dent to arbitration or the institution of legal or~equitable proceedings by either party. If <br />such tnafter relates tcl of is'the subject of a lien arising out of the Architect's services, the Architect may proceed in <br />accordance with ~pplicalile law to comply with the lien notice ox filing deadlines prior to resolution of the matter by <br />redtatl4tx~r byarbltratton. <br />1~ Kam. <br />~:~-,1~2 The Owpe and test shall endeavor to resolve claims, disputes and other matters in question between them <br />by-mtgdratiQn which,~r~~c~e parties mutually agree~etherwise, shall be in accordance with the Construction Industry <br />1VlediaGon-~ll~les;of t1,le;American Arbitration Association currently in effect Request for mediation shall be filed itlt <br />wY,'tttng tivitfi tTie othei•~arty to this AgreemenGand with the American Arbitration Association. The request may be made <br />'= nc3fi7rently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of <br />-- . -_ ai~ii[raton o1i!=~~_gal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the <br />- date:o€ filing; unless stayed for a longer period by agreement of the parties or court.order. <br />~~~-7.'1.3 The parties shall share the mediator's fee and ~tay'~d~ fees equally. The mediation shall beheld in the place <br />~ Where the Project is located, unless another loeati` i'~au'lually agreed upon. Agreements reached in mediati:Q-shall be- <br />elt,fQrceable as settlement agreements in anytcont~having jurisdiction thereof. s~° ~,~ <br />~,~- - , ~, <br />~.,- . 6 72 A_RBiTRATION tr ~'e~. <br />-~ r ~~.~ <br />d ". .~:'~'-'~.O ~ ~ d`nv) .-li~,~~i,'~a,~..,,m r.. .r - e,~. ~~r::,r .~rieino not of nr rPlat~ to t}liR ~IPfF 1eCt (.a <br /> <br />~,~ + ` <br />~.`~' r <br />~~ ~ .u. <br />AIA Document 1i151TM -1997. Copyright ®1974,1978, 1987, and 1997 by The Amedcan Institute of Architects. All rights reserved. WARNING: This <br />A1A° Document is protected by U.S. Copyright l.aw and.Internatlot1a17reatEes. Unauthorized reproduction or disMbution of this AIA° Document, g <br />of any portion of It: may result Ih severe civil and criminal peuahies, acrd will be pros~uted to the maximum extent possible under the law. <br />Purchasers are permitted to reproduce ten (10) copies of this document when completod. To report copyright violations of AW Contract Documents, e-maN <br />The American Institute of Architects' legal counsel, copyright~aia_org. <br />