2013-086 AMS - Perkin + Will Architects for Design and Engineering Services for Historic Rogers Rd Community Center

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between the parties,the parties shall exchange relevant information that will assist the parties in resolving the claim, dispute or controversy. § 8.2.3 If the parties reach a mutually acceptable resolution,then they shall prepare appropriate documentation memorializing such understanding.If the parties cannot reach a mutually acceptable resolution,they shall proceed to mediation in accordance with Section 8.3. § 8.3 Mediation § 8.3.1 Any claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by the meet and confer session, shall be subject to mediation as a condition precedent to binding dispute resolution. § 8.3.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association under the auspices of a recognized,neutral third-party professional mediation service experienced in handling construction disputes,or other mediation method or service acceptable to the parties,prior to undertaking any other dispute resolution action. A request for mediation shall be made in writing within a reasonable time after the claim,dispute or other matter in question has arisen„delivered to the other party to the Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. § 8.3.3 The parties shall share 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 enforceable as settlement agreements in any court having jurisdiction thereof. § 8.3.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.3,the method of binding dispute resolution shall be the following: (Check the appropriate box.If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ X ] Arbitration pursuant to Section 8.4 of this Agreement [] Litigation in a court of competent jurisdiction [ ] Other: (Specify) § 8.4 Arbitration § 8.4.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement,any claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by, mediation shall be subject to arbitration which,unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement.A demand for arbitration shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the arbitration. § 8.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute or other matter in question. AIA Document B106--2010(rev.10/2010).Copyright®2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it, 11 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by t AIA software at 13:35:01 on 03/12/2013 under Order No.3252469288_1 which expires on 12/31/2013,and is not for resale. User Notes: (724650291)