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Agenda - Council - 04/23/2024
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Agenda - Council - 04/23/2024
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Meetings
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Meeting Type
Council
Document Date
04/23/2024
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Exhibit <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 <br /> §8.3.4 Consolidation or Joinder <br /> §8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any <br /> other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration <br /> permits consolidation; (2)the arbitrations to be consolidated substantially involve common questions of law or fact; <br /> and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). <br /> §8.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a <br /> common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, <br /> provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an <br /> additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question <br /> not described in the written consent. <br /> §8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this <br /> Section 8.3,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and <br /> Architect under this Agreement. <br /> §8.4 The provisions of this Article 8 shall survive the termination of this Agreement. <br /> ARTICLE 9 TERMINATION OR SUSPENSION <br /> §9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be <br /> considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension <br /> of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give <br /> seven days'written notice to the Owner before suspending services. In the event of a suspension of services,the <br /> Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of <br /> services. Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any <br /> expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the <br /> remaining services and the time schedules shall be equitably adjusted. <br /> §9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of <br /> such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the <br /> interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time <br /> schedules shall be equitably adjusted. <br /> §9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the <br /> Architect,the Architect may terminate this Agreement by giving not less than seven days' written notice. <br /> Init. AIA Document 8101 TM-2017.Copyright C 1974,1978,1987.1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING: <br /> This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document, 18 <br /> or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This <br /> document was produced by AIA software at 14:48:43 on 12/12/2017 under Order No.3422979013 which expires on 11/08/2018,and is not for resale. <br /> User Notes: (3139ADA1❑) <br />
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