Agenda - 12-11-2007-4k - Laserfiche WebLink

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dispute or other matter in question not described in the written consent or with a person or entity not nan~ed or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in arc:ordance with applicable law in any couzt having jurisdiction thereof. 7.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance kith applicable law in any court ha~~ing jurisdiction thereof 73.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Archtect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of ar relating to this Agreement. This mutual waiver is applicable, tvithaut limitation, to all consequential damages due to either party's termination in accordance with Paragraph t.3.8. 7.3.7 MISCELLANEOUS i?ROVI5iON5 t3.7.1 Tllis Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in paragraph 1.4.2. 7.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for C;onstrltctian, current as of the date of this Agreement. 1.3.73 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall he deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion For acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment For acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date tivhen the Architect's services are substantially completed. 7.3.7.4 To llie extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition ofAIA Document Azo>> General Conditions of the Contract for Constntction, current as of the date of t12is Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 7.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a tlsird party against either the Owner or Architect. 7.3.7.6 th~less otherwise provided in this Agreement, the Architect and Architect`s consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or to.~cic substances in any form at the Project site. 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the O4vner's confidential or proprietary information if the Owner llas previously ad~~sed the Architect in writing of the specific information considered by the Otivner to be confidential or proprietary. The Owner shall provide professional credit for the Architect ui the Owner's promotional materials for the Project. io 11jI n d o. .o oa.~.4o p1997 AIAO AIA DOCUMENT 6747-1997 STANDARD FORM AGREEMENT The American institute of Architects 1735 New York Avenue, N_W. Washington, D.C. 20005-5292 W.SRMING: Unilcensed photocopying violates U5. copyright laws and will suBject the violator to legal prosecution.