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e e ARTICLE 6 USE OF ARCHITECTS INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic fonn, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 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 Instruments of Service solely for purposes of completing, using and maintaining the Project. 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this Agreement The Owner shall 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 tlle Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations 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. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner pro\'iding 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 specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not othenvise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any elaim, displ:ite er ether matter iR tl1:lestiaR arisiag el:lt af af related 1a this Agreemeat shaH be subjeet ta mediatieR as a esaditiaa pfeeeeeRt ta arni~tieR sr the iastitutiaa af legal af eq1:lih!ble flraeeeEliags by either part)'. If sucR matter relates ta af is the subjeet ef a lieR arisiRg eut sf the Ardliteet's sen1ces, the Arehitect may preeeea iR aeeeRiaBee ..vith applieable law te eamply vyim the lieR Relice ar filiRg aeaEiliJl:es priar te FeselutiaR ef the matter By meEiiatieR er By ar9i~tieR. 7.1.2 =Rle-QwRef-ana i\FelHteet-sftall eRaea\'er-te resel','e claims, aisputes-aaQ~ matters-iR quest:iaR getweeR~-er meaiatieR wilieR, 1:Hlless the parties mumally agree ethemise, shall ee iR accordaaee ....ith the CeRst."1.IetiaJl: IREiust::ry MeEHauaa RHles ef tile .\merieaH J' Aitfat:iaR l\ssaeiatiaR eWl'eRt:ly iR eft"est. Request far meEliat:iaa shall be filea iR writiRg ';Am the ather paHy ta this t.gFeemeRt and V.1m the .'\meAeaa Mi~tieR MseciatieR. The r-eq1:lest may Be made eaReH:R'eRUy with t:lte SHRg sf -it dem&:R6 -fef arili~tieR ~ -iR -sueR -eYeM;- meaialiea -shall pFeceed -ift ad','aAee 4 arbiuatiaR""* -Iegal""* etitHtable preeeedisg5, whish shall be stayea peawJl:g meEliatieA fer a peried af (!jQ aays frem the date ef filiRg, 1:lJl:less starea far a laRger peRas 9Y 8gFeemeAt eftfte parties ar selHt erder. 7.1.3 The parties shall share the meEliater's fee BAd ~. filing fees eqt:ta:lly. The meEliatiea shall ge held ia the plase '.vRere AlA DOCUMENT BUI-ABBREVlATED OWNER-ARCHITECT AGREEMENT. 1997 EDmON. AIA- COPYRJGHT 1997. THE AMERJCAN INSTI1UI"E OF ARCHITECTS, 173' NEW YORK AVENUE N.W.. WASHINGTON. D.C. 20006-'292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document WlIS electronically produced with permission of the AlA and can be reproduced without violation until the date of ell:piration lIS noted below. Electronic Format B151-1997 User Document: LA -- 3/8/2000. AlA License Number 113314, which expires on 5131/2000 - Page #9