2005 S Purchasing - Solid Waste Administration Building Architect

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§ 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that en e Owner shall comply with all obhgatlons, including prompt payment of all sums when due, under this Agreement. le Architect shall obtain similar nonexclusive licenses from the Architect's consultants '. consistent with this greement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon ch termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If d 'upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed' rminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly edentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions the Instruments of Service solely for purposes of completing, using and maintaining the Project. L3 Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied', under is Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted rein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to .thorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment' suppliers to reproduce tplicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license anted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or r similar purposes in connection' with the Project is not to be construed as publication in derogation of the reserved ;hts of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future e ditions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the .,chitect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's le risk and without liability to the Architect and the Architect's consultants. L4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall separate: written' agreement set forth the specific conditions governing the format of such Instruments of Service or - ctronic data, including any special limitations or licenses not otherwise provided in this Agreement. ITICLE i DISPUTE RESOLUTION i.1 MEDIATION 1.1.1 Any claim, dispute or other' matter in question arising out of or related to this Agreement AQ he subject to 10- ,diation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If ch matter relates to or is the subject of alien arising out of the Architect's services, the Architect may proceed in cordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by - diation or by arbitration. if F.1.2 The Owner an Architect shall endeavor to resolve claims, disputes and other matters in question between them mediation which, the parties mutually agreed shall be in accordance with the Construction Industry ediation Rules of the American Arbitration Association' currently in effect. Request for mediation shall be filed in siting with the other party to this Agreement and with the American Arbitration Association. The request may be made ncurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of 3itration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the to of filing, unless stayed for a longer period by agreement of the parties or court order. '.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place sere the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be forceable as settlement agreements in any court having jurisdiction thereof: 1.2 ARBITRATION dis ute or othermatter in question arising out of or related to this Agreement shall nitration, Prior to arbitration, e e xatron m accordance with AIA Document B151TM -1997. Copyright 0 1974, 1978,1987, and 1997 by The American Institute of Architects: All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document; a 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copy ightCbaia.org.