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<br /> not inconsistent with the notice and request for arbitration requirements contained in this section, rules
<br /> and requirements of the Construction Industry Arbitration Rules of the American Arbitration Association
<br /> shall pertain. In no event may a request for arbitration be made after the date when institution of legal or
<br /> equitable proceedings based on such claim, dispute or other matter in question would be barred by the
<br /> applicable statute of limitations.
<br /> 7.3.3. All demands for arbitration and all answering statements thereto which include any
<br /> monetary claim must contain a statement that the total sum or value in controversy as alleged by the
<br /> party making such demand or answering statement is not more than $200,000 (exclusive of interest and
<br /> costs) and the arbitrators will not have jurisdiction, power or authority to render a monetary award in
<br /> response thereto against any party which totals more than$200,000(exclusive of interest and costs). The
<br /> arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial
<br /> of their own jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where
<br /> the amount in controversy of any such claim, counterclaim, dispute or matter is more than $200,000
<br /> (exclusive of interest and costs).
<br /> 7.3.4. No arbitration arising out of, or relating to, this Agreement may include, by
<br /> consolidation,joinder or in any other manner,any person or entity who is not a party to this Agreement.
<br /> 7.3.5. By-written consent signed by all the parties to this Agreement and containing a specific
<br /> reference hereto,the limitations and restrictions contained in paragraphs 7.3.3. and 7.3.4. may be waived
<br /> in whole or in part as to any claim, counterclaim, dispute or other matter specifically described in such
<br /> consent. No consent to arbitration in respect of a specifically described claim, counterclaim, dispute or
<br /> other matter in question will constitute consent to arbitrate any other claim, counterclaim, dispute or
<br /> other matter in question which is not specifically described in such consent or in which the sum or value
<br /> in controversy exceeds $200,000 (exclusive of interest and costs) or which is with any party not
<br /> specifically,described therein.
<br /> 7.3.6. The award rendered by the arbitrators will be final;judgment may be entered upon it in
<br /> any court having jurisdiction thereof and will not be subject to modification or appeal except to the
<br /> extent permitted by Sections 10 and 11 of the Federal Arbitration Act(9 U.S.C. la, 11).
<br /> 7.4. OWNER's Representative. The Director of the Orange County Community Development
<br /> Department, or her designated representative, shall act as the OWNER's representative with respect to
<br /> the services to be rendered under this Agreement. Such person shall have complete authority, to the
<br /> extent permissible by law and by the OWNER's procedures, to transmit instructions, receive
<br /> information, interpret and define the OWNER'S policies and decisions with respect to the ENGINEER's
<br /> services for the Project.
<br /> 7.5. Insurance. The ENGINEER shall procure and maintain insurance for protection from claims
<br /> under workers' compensation acts, claims for damages because of bodily injury including personal
<br /> injury, sickness or disease or death of any and all employees, or of any person other than such
<br /> employees, and from claims or damages because of injury to or destruction of property including loss of
<br /> use resulting therefrom. Also the ENGINEER shall procure and maintain professional liability
<br /> insurance for protection from claims arising out of performance of professional services caused by a
<br /> negligent error,omission or act for which the insured is legally liable. The limits for these coverages are
<br /> as follows:
<br /> Worker's Compensation Insurance Statutory limits
<br /> Professional Liability $1,000,000 per occur
<br /> (Errors and Omissions coverage included) $3,000,000 per aggregate
<br /> Public Liability Insurance; $1,000,000 per occur
<br /> including bodily injury and property damage $1,000,000 aggregate
<br /> (includes coverage on vehicles being used by the firm)
<br /> 7.6. Successors and Assigns.
<br /> 7.6.1. The OWNER and the ENGINEER each is hereby bound and the partners, successors,
<br /> executors, administrators and legal representative of the OWNER and the ENGINEER (and to the
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