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A. The parties shall compensate the Mediator for mediation services at the rate <br />proposed by the Mediator and agreed to by the parties at the time the Mediator is <br />selected. <br />RULE 7. RULE MAKING <br />A. These Rules maybe amended by the County at any time. Amendments will not <br />affect mediations where claims and/or requests for mediation have been filed at the <br />time the amendment takes effect. <br />RULE 8. DEFINITIONS <br />A. "County" shall mean the County of Orange, North Carolina. <br />B. "Project Designer" is that person or firm stipulated as project designer in the <br />Contract Documents for the project. <br />C. "Claim" is a demand or assertion by a parry seeking adjustment or interpretation of <br />Contract terms, payment of money, extension of time or other relief with respect to <br />the terms of the Contract. The term "Claim" also includes other disputes and matters <br />in question between the parties to a Contract involved in the County's building <br />construction renovation and repair projects arising out of or relating to the Contract <br />or the construction process. Claims must be initiated by a written notice. The <br />responsibility to substantiate Claims shall rest with the parry making the Claim. <br />D. "Good Cause" generally includes any circumstance beyond the control of a party, <br />which prevents that party from meeting obligations. When good cause is asserted <br />as an excuse for a party's failure to appear at a mediation conference or to <br />otherwise comply with the requirements of these Rules, the Mediator, in his or her <br />sole discretion, will determine whether good cause exists to excuse the parry's <br />failure to appear or otherwise comply with these rules. <br />RULE 9. TIME LIMITS <br />A. Any time limit provided for by these Rules maybe waived or extended at the sole <br />discretion of the County, if no Mediator has been selected, and at the discretion of <br />the County with concurrence of the Mediator if a Mediator has been selected. <br />F:~I,isa~forms~Appendix A Agmt for Construction Manager At Risk Serv form.doc <br />Page 6 of 6 <br />