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Except with respect to defaults of subcontractors, the OWNER'S REPRESENTATIVE <br /> shall not be liable for any excess costs if the failure to perform the Agreement arises out <br /> of causes beyond the control and without the fault or negligence of the OWNER'S <br /> REPRESENTATIVE. If the failure to perform is caused by the default of a <br /> subcontractor, and if such default arises out of causes beyond the control of both the <br /> OWNER'S REPRESENTATIVE and subcontractor, and without the fault and negligence <br /> of either of them, the OWNER'S REPRESENTATIVE shall not be liable for any excess <br /> costs for failure to perform,unless the services to be furnished by the subcontractor were <br /> obtainable from other sources in sufficient time to permit the OWNER'S <br /> REPRESENTATIVE to meet the required delivery schedule. <br /> Payment for services rendered and accepted by the CITY shall be at the Agreement price. <br /> The CITY may withhold from amounts otherwise due the OWNER'S <br /> REPRESENTATIVE for such services such sum as the CITY determines to be necessary <br /> to protect the CITY against loss because of outstanding liens or claims of former lien <br /> holders. <br /> If, after notice of termination of this Agreement under the provisions of this clause, it is <br /> determined for any reason that the OWNER'S REPRESENTATIVE was not in default <br /> under the provisions of this clause, or that the default was excusable under the provisions <br /> of this clause, the rights and obligations of the parties shall be the same as if the notice of <br /> termination had been issued pursuant to termination for convenience of the CITY. <br /> The rights and remedies of the CITY provided in this clause shall not be exclusive and ', <br /> are in addition to any other rights and remedies provided by law or under this contract. , <br /> 12.0 DISP T I <br /> U ES <br /> Except as otherwise provided in this Agreement, any claims, disputes or other matters <br /> concerning a question of fact arising under this Agreement, or breach thereof, which is not <br /> disposed of by mutual agreement shall be decided by arbitration in accordance with the <br /> Construction Industry Arbitration Rules of the American Arbitration Association currently in <br /> effect. Demand for arbitration shall be filed in writing with the other party to this Agreement and <br /> with the American Arbitration Association within a reasonable time after the claim, dispute or <br /> question has arisen. Demand for arbitration must be filed before the date when institution of <br /> legal or equitable proceedings based on such claim, dispute or question would be barred by the <br /> applicable statutes of limitations. <br /> No arbitration relating to this Agreement shall include any party who is not a party to this <br /> Agreement, except by written approval of the CITY and the OWNER'S REPRESENTATIVE. <br /> The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in <br /> accordance with applicable law in any court having jurisdiction thereof. Pending final decision <br /> of a court, the CITY and OWNER'S REPRESENTATIVE shall proceed diligently with the <br /> performance of the Agreement and in accordance with the arbitrator's decision. <br /> Decatur Public Transit System <br /> Owner's Rep�•esentative 15 <br />