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RULE 6. COMPENSATION OF THE MEDIATOR <br /> 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 may be amended by the County at any time. Amendments will not <br /> affect mediations where claims and/or requests for mediation have been filed at <br /> the 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 party 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 party 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 may be 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:1Lisalforms4Appendix A Agmt for Construction Manager At Risk Sere form.doc <br /> Page 6 of 6 <br />