R2001-138 AUTHORIZING AGREEMENT - Laserfiche WebLink

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Schedules and Specifications shall not be used by the Owner on other projects,for additions to this Project, or(provided the Architect is not in default under this Agreement) for completion of this Project by others, or published in any manner whatsoever, except by prior agreement of the Architect in writing and with appropriate compensation to the Architect. 8. DISPUTE RESOLUTION/ARBITRATION.Any controversy, claim or dispute arising out of or relating to the interpretation, construction, or perforrnance of this Agreement, or breach � thereof, shall be referred to voluntary, nonbinding mediation to be conducted by a mutually acceptable mediator prior to resorting to litigation or ari�itration. Provided they do not exceed a cumulative total of$75,000 during the term of this Agreement, all claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof,which are not resolved as the result ofthe non-binding mediation process, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time afterthe claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. !, No arbitration, arising out of or relating to this Agreement shall include, by consolidation, I joinder or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Architect,the Engineer and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any disputes not described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance within applicable law in any court having jurisdiction. 9. ESTIMATES. As the Architect has no control over construction costs or contractor's prices, any construction cost estimates are made on the basis of the Architect's experience and judgment as a design professional; but it cannot and does not warrant or guarantee that contractor's proposals, bids or costs will not vary from its estimates. 10. OWNER'S RESPONSIBILITIES. The Owner shall fumish such legal, accounting, and insurance counseling services as may be required forthe Project and shall provide the Architect with all existing information relating to the Project which the Architect may request, including surveys, soils investigations, and program data. Ifthe Owner becomes aware of any fault or defect in the Project or the Architect's services, he shall promptly notify the Architect. The Owner shall fumish required information or services as expeditiously as necessary for the orderly performance of the work. page 15 of 16