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Agenda - 12-11-2007-4k
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Agenda - 12-11-2007-4k
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9/1/2008 9:48:37 PM
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8/28/2008 10:40:02 AM
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BOCC
Date
12/11/2007
Document Type
Agenda
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4k
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Minutes - 20071211
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<br />.s decisions of the O~~~ner not rendered in a timely manner; <br />.a significant change in the Project including, but not limited to, size, quality, caznple~dt}t, <br />the Owner's schedule or budget, or procw-ement method; <br />s failw•e of performance on the part of the O~,Tuer or the O~,>ner's consultants <br />or cor_tractors; <br />.s preparation For and attendance at a public hearing, a dispute resolution proceeding or <br />a legal proceeding except where the Architect is party thereto; <br />.7 change in the information contained in Article i.l. <br />1.3.4 MEDIATION <br />1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement <br />shall be subject to mediation as a condition precedent to arbitration or the institution of legal or <br />equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out <br />of the Architect's services, the Architect may proceed in accordance with applicable law to <br />comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or <br />by arbitration. <br />1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in <br />question bet~a~een them by mediation which, unless the parties mutually agree otherwise, shaIl be <br />in accordance »Tith the Construction Industry Mediation Mules of the American Arbitration <br />Association currently in effect. Request far mediation shall be Filed in writing with the other party <br />to this Agreement and ~,Tith the American Arbitration Association. The request may bz made <br />concurrently kith the filing of a demand for arbitration but, in such event, mediation shall <br />proceed in advance of arbitration or legal or equitable proceedings, ~+*hich shall be.stayed pending <br />mediation for a period of 6o days from the date of filuig, unless sta}Ted for a longer period by <br />agreement of the parties or court order. <br />1.3.43 The parties shall share the mediator's fee and any filing fees equally. The mediation shall <br />be held in the place ~lrhere the 1'rojed is located, unless another location is mutually agreed upon. <br />Agreements reached in mediation shall be enforceable as settlement agreements in any court <br />ha~*ing jurisdiction thereof. <br />1.3.5 ARBITRATION <br />1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement <br />shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resah-e disputes by <br />mediation in accordance ~~~itJ3 Paragraph r.3.4. <br />1.3.5.2 Claims, disputes and other m otters in question bet»~een the parties that are not resolved by <br />mediation shall be decided b}T arbitration Erlich, unless the parties mutually agree othernise, shall <br />be in accordance ~i>ith dze Construction Industry Arbitration Rules of the American Arbitration <br />Association currently nz effect. The demand fox arbitration shall be filed in ~~~riting with the other <br />party to this Agreement and with the American Arbitration Association. <br />~~.IE 1.3.5.3 A demand for arbitration shall 6e made within a reasonable time after the claim, dispute <br />o Q or other matter in question has arisen. In no event shall the demand for arbitration be made after <br />°o~.~.ao° die date uThen institution of legal or equitable proceedings based on such claim, dispute or other <br />~ matter in question would be barred by the applicable statute of limitations. <br />©1947 AIA@ <br />A1A pOCUMENT 8141-1997 13.5.4 loo arbitration arising out of or relating to this Agreement shall include, b;T consolidation <br />STANDARD FORM T ~ r „ t, t ~' c., <br />AGRcEh/;ENT or joinder or in an} other manner, an ~.dditional pe_son or entity not ~, par } a t` rs Ablcement, <br />except by written consent containing a specific reference to this Agreement and signed by the <br />Tne American Institute Owner, .~schitect, and any other person or entity sought to be joined. Consent to arbitration <br />of Architects invohTing an additional. person ar entity shall not constitute consent to arbitration of any claim, <br />1735 Neer York Avenue, N.W. <br />Washington, D.C. 20006-5292 <br />ti,fAi~l~tl4Zc;: Unlicensed photocopying violales V.S. copyright laws and will subJect the violator to legal prosecution. <br />
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