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Owner shall, before each instance of reoroducine or ohvsically transferring the Instruments of Service to others first remove therefrom the Architect's name to o and other distinguishing mazks § 6.3 Except for the licenses granted in Section 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 the Work by license granted in Section 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. fie-Except as provided in Section 6.2. the Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Qwne 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 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 specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE.,1 DISPUTE RESOLUTION § 7.1 MEDIATIQN § 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement ~~ee~a mav. by voiuntarv at=_reement between the Owner and the Architect be subject to mediation If such matter relates to ores the subject of a Tien 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. §7.1.2 Unless the parties mutually a ee otherwise mediation shall be conducted 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. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation. if afneed to. shall proceed. in advance of azbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of'~9-sixt 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 shaze 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 t:nforceabl~ as settlement agreements in any court located in Lane County. Ore on having jurisdiction thereof. §'7.2 ARBITRATION § 7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties sl~l-momendeavor to resolve disputes by mediation in accordance with Section ?.1. § 7.2.2 Claims, disputes and other matters in question between the parties that aze not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construcgon Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. AIA Document B151*s -1997. Copyright ®1974, 1978,1987 and 1997 by The American Institute of Architects. All rights reserved, WARNING: This AIA® Document la protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 10 portion of it, may result in severe civil end crim(nal penalties, and will lie prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:16:55 on 04/11/2007 under Order No.1000258264_t which expires on 10/4/2007, and is not for resale. User Notes: (1309849642)