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If the Owner and Engineer do not select a method of binding dispute resolution,or do not subsequently agree in
<br /> writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent
<br /> jurisdiction.
<br /> § 8.3 Arbitration
<br /> § 8,3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement,any
<br /> claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by,
<br /> mediation shall be subject to arbitration,which,unless the parties mutually agree otherwise,shall be administered by
<br /> the American Arbitration Association in accordance with its Construction.Industry Arbitration Rules in effect on the
<br /> date of this Agreement.A demand for arbitration shall be made in writing,delivered to the other party to this
<br /> Agreement,and filed with the person or entity administering the arbitration.
<br /> § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,
<br /> but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim,
<br /> dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations
<br /> Purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall
<br /> constitute the institution of legal or equitable proceedings based on the claim,dispute or other matter in question.
<br /> § 8.3.2 The foregoing agreement to arbitrate,and other agreements to arbitrate with an additional person or entity duly
<br /> consented to by parties to this Agreement,shall be specifically enforceable in accordance with applicable law in any
<br /> court having jurisdiction thereof.
<br /> § 8.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with
<br /> applicable law in any court having jurisdiction thereof,
<br /> § 8,3.4 Consolidation or Joinder
<br /> § 8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any
<br /> other arbitration to which itis a party provided that(1)the arbitration agreement governing the other arbitration
<br /> permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact;
<br /> and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
<br /> § 8.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a
<br /> common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided
<br /> that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional
<br /> person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not
<br /> described in the written consent.
<br /> § 8.3.4.3 The Owner and Engineer grant to any person or entity made a party to an arbitration conducted under this
<br /> Section 8.3,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and
<br /> Engineer under this Agreement.
<br /> § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.
<br /> ARTICLE 9 'TERMINATION OR SUSPENSION
<br /> § 9.1 If the Owner fails to make payments to the Engineer in accordance with this Agreement,such failure shall be
<br /> considered substantial nonperformance and cause for termination or,at the Engineer's option,cause for suspension of
<br /> performance of services under this Agreement.If the Engineer elects to suspend services,the Engineer shall give
<br /> seven(7)days'written notice to the Owner before suspending services.In the event of a suspension of services,the
<br /> Engineer shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of
<br /> services.Before resuming services,the Owner shall pay the Engineer all sums due prior to suspension and any
<br /> expenses incurred in the interruption and resumption ofthe Engineer's services.The Engineer's fees for the remaining
<br /> services and the time schedules shall be equitably adjusted.
<br /> § 9.2 If the Owner suspends the Project for any reason,the Engineer shall be compensated for services performed prior
<br /> to notice of such suspension.When the Project is resumed,the Engineer shall be compensated for expenses incurred in
<br /> the interruption and resumption ofthe Engineer's services.The Engineer's fees for the remaining services and the time
<br /> schedules shall be equitably adjusted.
<br /> (nit AIA Document 8101' -2017.Copyright 01974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.Ail rights reserved.The°American
<br /> Institute of Archi '°AIA,' AIA Low,and'AIA Con nts`are registered oma may not tre used wi
<br /> produced by AIA software at 16:49:33 ET on 10/28/2021 under Order No.0378037672 which y pestor resale, s licensed
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