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<br />9 1.3.3 CHANGE IN SERVICES
<br />9 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be
<br />accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing,
<br />if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in
<br />Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to
<br />providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner
<br />shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those
<br />services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the
<br />Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described
<br />in Section 1.3.9.2 and Section 1.5.5.
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<br />91.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be
<br />entitled to an appropriate adjustment in the Architect's schedule and compensation:
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<br />.1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments
<br />of Service;
<br />.2 enactment or revision of codes, laws or regulations or official interpretations which necessitate
<br />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, complexity, the Owner's
<br />schedule or budget, or procurement method;
<br />.5 failure of performance on the part of the Owner or the Owner's consultants or contractors;
<br />.6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal
<br />proceeding except where the Architect is party thereto;
<br />.7 change in the information contained in Article 1.1.
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<br />91.3.4 MEDIATION
<br />~ 1.3.4.1 /JlY claim, sispl:lte or ether matter in question arising out af or relates to this .A.greefReflt shall be subject to
<br />mediation as a cOlI:dition preeedell:t to a-rbitration or the institl:ltion af legal or egl:litable proceedings by eidJ.er party.
<br />If such matter r-elates to or is the subject of a lien arising Ol:lt of ilie Architect's services, tbe }\rcbitect ma)' proeeed
<br />in accordancc ',yith applicable law to comply with the lien notice or filing deaslines prior to resell:ltion of the matter
<br />by mediation or by areitratian.
<br />
<br />1.3.4.1 The parties agree to submit all claims. disputes or controversies (whether based upon the law or contract.
<br />negligence. other common law or statute) arising out of. or in relation to. the interpretation. application or
<br />enforcement of this agreement. including dispute resolution procedures. to sequential mandatory discussion.
<br />mediation and arbitration before. and as a condition precedent to iudicial action or other remedies. The parties agree
<br />to give prompt written notice of any dispute. Within seven days after the notice. principals of each party with
<br />authority to settle the dispute shall participate in direct. informal discussions.
<br />9 1.3.4.2 The Owner and A-rehitect shall clI:deavor te resolve claims, sispl:ltes ans Any claim. dispute or other
<br />matters-matter in question between them ey mesiation \\t.ich, unless the pa-rties mlitl:lally agree otherwise, shall be ifl
<br />accordance with the Constructiofl Industry Mediation Rl:Il~s arising out of the :\merican Arbitration .^.ssociation
<br />clirrell:tly in effect. Request for mesiation shall be filed in writing with the ether pa-rty or related to this Agreement
<br />all:d ',yith the .^.mericafl :\rbitratien :\ssociatien. The regl:lest may shall be mese concl:lrrefltly with the filing of
<br />subject to mediation as a semens for condition precedent to arbitration el:lt, in sl:leh event, mesiation shall preceed in
<br />advall:ce or the institution of a-rbitration or legal or equitable proceedings, vmich shall be stayed pending mediatien
<br />fer-proceedings by either party. If such matter relates to or is the subiect of a ~lien arising out of 60 days from
<br />the Architect's services. the Architect may proceed in accordance with applicable law to comply with the tlate-lien
<br />notice or filing deadlines prior to resolution of filing, linless stayes for a longer period the matter by agreemell:t of
<br />tbe parties mediation or COlict orGer.by arbitration.
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<br />1.3.4.3 The Owner and Architect shall endeavor to resolve claims. disputes and other matters in question between
<br />them by mediation which. unless the parties mutuallv agree otherwise. shall be in accordance with the Construction
<br />Industry Mediation Rules of the American Arbitration Association currentlv in effect. Request for mediation shall be
<br />filed in writing with the other party to this Agreement and with the American Arbitration Association. The request
<br />mav be made concurrentlv with the filing of a demand for arbitration but. in such event. mediation shall proceed in
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<br />AlA Document B141™-1997 Part 1. Copyright @1917,1926, 1948, 1951,1953,1958,1961,1963,1966,1967,1970, 1974, 1977, 1987 and 1997 by The
<br />American Institute of Architects. All rights reserved. WARNING: This AIA$ Document is protected by U.S. Copyright Law and International Treaties. 7
<br />Unauthorized reproduction or distribution of this AIA$ Document, or any portion of it, may result in severe civil and criminal penalties, and will be
<br />prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:54:39 on 03/15/2006 under Order
<br />No.1 000195323_9 which expires on 9/8/2006, and is not for resale.
<br />User Notes: (1759163019)
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