2010-031c AMS - Corley, Redfoot and Zack Link remodeling contract

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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 the Owner shall comply with all obligations,including prompt payment of all sums when due,under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.Any termination of this Agreement prior to completion of the Project shall terminate this license.Upon such termination,the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control.If and upon the date the Architect is adjudged in default of this Agreement,the foregoing license shall be deemed terminated and replaced by a second,nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and,where permitted by law,to make'changes,corrections or additions to the i Instruments o f Serve solely f o r purpos e s o f completing,using and maintaining the Project. §6.3 Except forthe licenses granted in Section 6.2,no other license or right shall be deemed granted or implied under this Agreemeiii. he Ownershall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party=without the prior written agreement of the Architect.However,the Owner shall be permitted to authorize the-Contractor,Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or S nalterations urposes in connection with the Project is not to be construed as publication in derogation of the reserved Architect and the Architect's consultants.The Owner shall not use the Instruments of Service for future to this Project or for other projects,unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without_liabilitY` to the Architect and the Architect's consultants. §6A Prior to the Architect p &iding to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service,the Owner and the Architect`shall by separate written agreement set forth the specifie conditions governing the format of such Instruments of Service or clectromc data,including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7` DISPUTE RESOLUTION §7.1 MEDIATION /�may §7.1.1 Any claim,dispute or other matter in question arising out of or related to this Agreement-s tiP;be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. if X�L §7.1.2 The Owner and ArrAitect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,qua.less the parties mutually agree otherwise,shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.Request for mediation shall be filed in Writing with the other party to this Agreement and with the American Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but,in such event,mediation shall proceed in advance of arbitration or legal or equitable proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. §7.1.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ON §711 Any,claim,dispute or o e nt of or related to this A eemehall bfrssubject to" arbitration,Prior to arbitration,the parties shall end es y me.. tai Secti AIA Document B151 TM—1997.Copyright @ 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, 9 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,copyright @aia.org.