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AIA Document B103™ – 2017. Copyright © 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute <br />of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This <br />draft was produced by AIA software at 17:16:58 ET on 06/30/2022 under Order No.2114330455 which expires on 06/13/2023, is not for resale, <br />is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report <br />copyright violations, e-mail copyright@aia.org. <br />User Notes: (963532884) <br />19 <br />arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with <br />the 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 <br />them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American <br />Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of <br />this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and <br />filed with the person or entity administering the mediation. The request may be made concurrently with the filing of <br />a 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 <br />competent jurisdiction. <br />§ 8.3 Arbitration <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 <br />mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based <br />on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute <br />of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the <br />arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other <br />matter in question. <br />§ 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity <br />duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law <br />in any court having jurisdiction thereof. <br />§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance <br />with applicable law in any court having jurisdiction thereof.