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S Purchasing - Corley Redfoot Zack for Engineering & Design Services for Fairview Community Park
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S Purchasing - Corley Redfoot Zack for Engineering & Design Services for Fairview Community Park
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Last modified
4/26/2013 4:40:48 PM
Creation date
6/15/2010 11:50:39 AM
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BOCC
Date
11/5/2007
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
4f
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Agenda - 11-05-2007-4f
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\Board of County Commissioners\BOCC Agendas\2000's\2007\Agenda - 11-05-2007
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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 />Thftect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this <br />A Any termination of this Agreement prior to completion of the Project shall terminate this license. =Upon <br />i 1 such ation, 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 />F alion the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed <br />" >Ixtinated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly <br />�Ix credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions <br />ip <br />the Instruments of Sege solely for purposes of completing, using and maintaining the Project. <br />.I.3 Except fay the hcoili rgranted in Section 6.2, no other license or right shall be deemed granted or implied <br />merl:L, The Owl <lshall not assign, delegate, sublicense, pledge or otherwise transfer any Ii ranted <br />li re n to any r wt out the prior written agreement of the Architect. However, the r shall be permitted to K F_ R <br />authonze Contr acr tractors, Sub - subcontractors and material or eipivnTent suppliers to reproduce <br />plcablpirtionsflre Insmen rvice appropriate to an a in their execution of the Work by license <br />§7 <br />§;7 <br />e Architecl <br />Architect any e ec'T€ <br />parate written agrees <br />te-rht*i6?uc ring <br />6LE 7 DISPUTE RES <br />MEMATION <br />1 Any claim, dispute <br />or aistnnutl liens <br />with the is not to <br />s consultants. The Owne <br />ect or for other projects, unless <br />iltants. Any unauthorized use o <br />Architect and the Architect's, <br />to the <br />the <br />of Service to meet official regulatory requirements or <br />strued as publication in derogation of the reserved <br />Owner sha se the Instruments of Service for future <br />the Owner' obt p�rior written agreement of the <br />f the Instruments of Servic�'s13alLbe at the Owner's <br />of Service in electronic form or the <br />or licenses not otherwise <br />format of such <br />or <br />LOTION <br />my kE <br />or other matter in question arising out of or related to this Agreement4ldbe subject to <br />recedent to arbitration or the institution of legal or equitable proceedings by either party. If <br />the subject of a lien arising out of the Architect's services, the Architect may proceed in <br />law to comply with the lien notice or filing deadlines prior to resolution of the matter by <br />mediation or by arbitration. Kf It— <br />§ 7.1.2 The Owner and hitect shall endeavor to resolve claims, disputes and other matters in question between them <br />by mediation which, =ttntM the parties mutually agree otherwise, 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 with the other party to this Agreement and with the American Arbitration Association. The request maybe 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 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 be <br />enforceable as settlement agreements in any court having jurisdiction thereof. <br />TION <br />§ 7.2.1 Any claim, dispu a uestion arising out of or related to this o K R <br />arbitration. Prior to arbitration�the rt ie s b mediation in accordance with <br />AIA Document B151 TM —1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This <br />AiA'Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, 9 <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, e-mail <br />The American Institute of Architects' legal counsel, copyright @aia.org. <br />eK <br />
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