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<br />§ 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question,
<br />arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
<br />damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7.
<br />§ 8.2 Mediation
<br />(Paragraphs deleted)
<br />§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
<br />mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien
<br />arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the
<br />lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
<br />§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them
<br />by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration
<br />Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this
<br />Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed
<br />with the person or entity administering the mediation. The request may be made concurrently with the filing of a
<br />complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
<br />advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
<br />from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
<br />proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)
<br />and agree upon a schedule for later proceedings.
<br />§ 8.2.3 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
<br />be enforceable as settlement agreements in any court having jurisdiction thereof.
<br />§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
<br />dispute resolution shall be the following:
<br />(Check the appropriate box.)
<br />\[ \] Arbitration pursuant to Section 8.3 of this Agreement
<br />\[ X \] Litigation in a court of competent jurisdiction
<br />\[ \] Other: (Specify)
<br />If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in
<br />writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent
<br />jurisdiction.
<br />§ 8.3 Arbitration
<br />(Paragraphs deleted)
<br />§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any
<br />claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
<br />mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by
<br />the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
<br />date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this
<br />Agreement, and filed with the person or entity administering the arbitration.
<br />§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,
<br />but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim,
<br />dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations
<br />purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall
<br />constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question.
<br /> ™
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