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use of the Instrtunents of Service shall be at the Owner's sole risk and without liability to
<br />the Architect and the Architect's consultants.
<br />1.3.2.4 Prior to the Architect providing to the Owner any Instrtuments of Service in
<br />electronic form or the Owner providing to the Architect any electronic data for
<br />incorporation into the Instruments of Service, the Owner and the Architect shall by separate
<br />written agreement set forth the specific conditions governing the format of such
<br />Instruments of Service or electronic data, including any special limitations or licenses not
<br />otherwise provided in this Agreement.
<br />1.3.3 CHANGE IN SERVICES
<br />1.3.3.1 Change in Services of the Architect, including services required of the Architect's
<br />consultants, may be accomplished after execution of this Agreement, without invalidating
<br />the Agreement, if mutually agreed in writing, if required by circumstances beyond the
<br />Architect's control, or if the Architect's services are affected as described in Subparagraph
<br />1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner
<br />prior to providing such services. If the Owner deems that all or a part of such Change in
<br />Services is not required, the Owner shall give prompt written notice to the Architect, and
<br />the Architect shall have no obligation to provide those services. Except for a change due to
<br />the fault of the Architect, Change in Services of the Architect shall entitle the Architect to
<br />an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable
<br />Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5.
<br />1.3.3.2 If any of the following circumstances affect the Architect's services for the
<br />Project, the Architect shall be entitled to an appropriate adjustment in the Architect's
<br />schedule and compensation:
<br />.1 change in the instructions or approvals given by the Owner that necessitate
<br />revisions in Instrtunents of Service;
<br />.2 enactment or revision of codes, laws or regulations or official interpretations,
<br />knowledge of which Architect could not have reasonable anticipated and
<br />which necessitate changes to previously prepared Instruments of Service;
<br />.3 decisions of the Owner not rendered in a timely manner;
<br />.4 significant change in the Project including, but not limited to, size, quality,
<br />complexity, the Owner's schedule or budget, or procurement method;
<br />.5 failure of performance on the part of the Owner or the Owner's consultants
<br />or contractors;
<br />.6 preparation for and attendance at a public hearing, a dispute resolution
<br />proceeding or a legal proceeding except where the Architect is party thereto;
<br />.7 change in the information contained in Article 1.1.
<br />1.3.4 MEDIATION
<br />1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this
<br />Agreement shall may be subject to mediation as a condition precedent to arbitration or the
<br />institution of legal or equitable proceedings by either party. If such matter relates to or is
<br />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
<br />resolution of the matter by mediation or by arbitration.
<br />1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other
<br />matters in question between them by mediation which, unless if the parties mutually agree
<br />etlie~ise, shall be in accordance with the Construction Industry Mediation Rules of the
<br />American Arbitration Association currently in effect. Request for mediation shall be filed
<br />in writing with the other party to this Agreement and with the American Arbitration
<br />Association. The request may be made concurrently with the filing of a demand for
<br />arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or
<br />equitable proceedings, which shall be stayed pending mediation for a period of 60 days
<br />® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ~ 1997 by the American
<br />Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written
<br />permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.
<br />WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
<br />This document was electronically produced with permission of the AIA and can be reproduced in accordance with your
<br />license without violation until the date of expiration as noted below. User Document 97b141.aia -- 6/18/2002. AIA
<br />License Number 1111656.
<br />This document has Important legal
<br />consequences. Consultation with an
<br />attorney Is encouraged with respect
<br />to its completion or modification.
<br />AUTHENTICATION OF THIS
<br />ELECTRONICALLY DRAFTED AIA
<br />DOCUMENT MAY BE MADE BY
<br />USING AIA DOCUMENT D401.
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<br />AIA DOCUMENT 6141-1997
<br />STANDARD FORM AGREEMENT
<br />The American Institute of Architects
<br />1735 New York Avenue, N.W.
<br />Washington, D.C. 20006-5292
<br />
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