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Architect expressly waives any right to compensation, in any form, for the Owner's use of said intellectual or <br />physical materials, including the drawings, specificahons and plans. The Architect further expressly waives <br />any copyright, patert (statutory or common law), or any other nghts to the drawings, specifications or plans <br />set forth m tlus Agreement, including any artistic or intellectual infrir-gement or properiy right claims now <br />existing or hereafter acquired. <br />6.1.1 The Architect shall cause its consultants, and other parties and persons perfornung services under <br />this Agreement that have or reasonably may have a copyright in the Drawings, Specifications, other documents <br />or work prepared under this Agreement, or the Work as constructed pursuant to such documents or work, to <br />waive any such copyright, as to the Owner, Pursuant to Paragraph 6.1. <br />7,1 If any dispute or difference shall arise between the Architect and Owner with respect to any matter <br />or thing arising out of, or in any way relating to this Agreement, both Parties are encouraged t° resolve that <br />dispute through mediation using the then effectroe mediation rules of Arbitration Service of Portland, Inc. <br />7.2 If any dispute or difference wluch concerns a c}aim of $30,000 or less shall arise between the <br />Architect and Owner with respect to any malxer or thing arising out of, or in any way relating to this <br />pgreement, each party, at such party's option, shall have the right to require that such claim, controversy or <br />~ispute be~,een the parties a.nsuig out of or relating to the agreement be deterniined by arbitration m <br />accordance with the then effective arbitration rules of Arbrtration Services of Pordand, Inc., and any judgment <br />upon the award rendered pursuant to such arbitration may be entered in anY court having .1'u'isd~ct'°n there°f. <br />If litigation has been commenced in court for the purpose of protecting any right of that party, the arbitration <br />provision is not waived except when: <br />1) the party who is the defendazrt or respondent in such litigation shall be deemed to have waived its <br />option to arbitrate said dispute if such party files a general appearance in the litigation prior to <br />filing a claim in arbitration m the matter specified above; and <br />2) the plaiirtiff or petitioner in such litigation will be deemed to have waived its right to arbitrate said <br />dispute if such party fails to fi1e a claim for arbitration in the manner specified above within sixty <br />(60) days after a general appearance in tlie litigation has been filed by the party who is the <br />defendant or respondent in the hbgation. <br />If either party properly ~ercises its option to arbitration, arbitration of such dispute shall be mandatory and <br />any pending litigation shall be stayed. <br />The awazd of the arbitrators sha11 be in writing. The Architect or the Owner shall have all rights arising <br />under Oregon law regarding any arbitration award under this Agreement. <br />7.3 In addition to ParagraPh 7.2, the Architect and Owner agree to join in one arbitration all persons or <br />parties with claims relating to or arising out of the same transaction, occurrence, or series of transaction or <br />occnrrences as the dispute between the Owner and Architect, if tliere is a common question of law or fact. <br />8.1.1 In the event this Agreement is terminated due to the fault or convenience of the Owner, the <br />Architect shall be entitled to receive compensation for the portion of his fee then earned and all substantiated <br />Reimbursable Expenses incurred as of the date of terniinat~on, together with an additional amourn equal to <br />1/lOth of the amount he would otherwise be entitled to receive in equrtable consideraxion of a reasonable profit <br />and overhead attributable to the services already performed. <br />8.2.1 Upon such resumption, the Architect shall promptly recommence perfornung its obligations under <br />this Agreement. <br />8.3 This Agreement may be terniinated by tlie Owner at any time, without cause and for its <br />convenience, upon written notice to the Architect. <br />Courthouse Square Project <br />Architect Agreemerrt Supplemental Provisions <br />Page - 3 <br />