R2023-59 Resolution Authorizing an Agreement with Architectural Expressions, LLP, for Decatur Public Library Improvements

Home Browse Search

place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §8.2.3 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. §8-3 Arbitration §8.3.1 if the PaFties have selooted ar-bitFation as the method for binding dispute resolution in this Agreefflont,any elaim,dispute oF other-matter-in question arising out of or-related to this Agreement subj-eet tRe,hhultt 4-4-A-t. � ZA unless the pai4ios mutually agree otlier-wise,shall be administered by,mediation shall be subject to arbitration v.1-i-l-, wile— by the Amer-ic-an Ar-bitFation Assoeiation in aeeor-danee with its Gonst+uotion indus4y Arbitration Rules in @freet on the date of the Art t it §8.3.1.1 A demand for arbitration shall be made no earlier-than eoneurFentiy with the filing of a r-equest f0f mediation,but in no eN,ent shall it be fflade after the date when the institution of legal of equitable pr-oeeedings based on the elaim,dispute of other-tnatter-in question would be baffed by the applieable statute o limitations.Flor statute of innitations purposes,reeeipt of a wr-ittea doinand for-ar-bitr-atioR by the per-son or-entity administering the arbitfation shall eonstitute the institution of legal or-equitable preeeedings based on the C-laim, dispute other „tr �y c`cic vr-in-cfcrcat. §8.3.2 The for-egoing agreement to ar-bit+ate,and other-agr-eements to arbitrate with an additional per-son or- duly eonsented to by piu4ies to this 111 71"11!`.vu ii d t:.. (- ' J i ..5'ii�g-juri9aicrcvrthrcrrcrcm. §8.3.3 The awar-d r-endefed by the ar-bitfater(s)shall be final,and judgment may be entef ed upon it in aeeor-danee withplieable law J A having J a t tl f r §8.3.4 ConsWidaticin or lou der 8.3.4.1 Either-paFty,at its sole disefetion,may eansolidate an ar-bitr-ation eonducted under this Agr-eetnent with any other-.ar-bitr-ation to whieh it is a paf4y pr-ovided that(1)the ar-bitfation agreement govenaing the other ar-bitr-atio isolidation;(2)the arbitrations to be eansolidated substantially involve eammen questions of law or-faet; §8.3.4.2 EitheF par-ty,at its sole diseretion,may inelude by joindeF persons or-entities subst—fl-tially ini,olved-iff-a provided that the part),sought to be in;.vriting to stieh joinder-.Consent to afbitration involving an additional shall not constitute eonsent to ar-bitFation of an), dispute or-otheF inatter-in question claim, §8.3.4.3 The Owner-and Arehitee!grant to an),per-son or-entity made a part),to an arbitration oondueted under this Section whether-byjoinder or- ,d A.-,.1,'t� ntAgreement. � ecct tinder zhirrr�-zT6rczrrrcrn, §8.4 The provisions of this n tiele o shall survive the teffflinationof thi ___-_-- Init. AIA Document B104-2017.Copyright©1974,1978,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at O t 21:25:21 CT on 03/29/2023 under Order No.4104236690 which expires on 09/30/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA3C)