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Disputes <br /> Except as otherwise provided in this AGREEMENT, any dispute concerning a question <br /> of fact arising under this contract, which is not disposed of by mutual agreement, shall be <br /> decided by the OWNER, who shall reduce his/her decision to a written response and mail or <br /> otherwise fumish a copy thereof to ARCHITECT. The decision of the OWNER shall be final and <br /> conclusive, unless determined by a court of competent jurisdiction to have been fraudulent, or <br /> capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not <br /> supported by substantial evidence. In connection with any appeal proceeding under this clause, <br /> OWNER shall afford ARCHITECT an opportunity to be heard and to offer evidence in support of <br /> its appeal. Pending final decision of a dispute hereunder, ARCHITECT shall proceed diligently ' <br /> with the performance of the contract and in accordance with the OWNER's decision. ', <br /> This clause does not preclude consideration of law questions in connection with I <br /> decisions provided for in this clause, provided that noting in this AGREEMENT shall be I <br /> construed as making final the decision of any administrative official, representative, or board on � <br /> a question of law. <br /> Attornev's Fees and Costs <br /> If any legal proceeding is required for the. enforcement of this AGREEMENT, or because <br /> of an alleged dispute, breach, default, or misrepresentation in conjunction with any of the <br /> provisions of this AGREEMENT, the prevailing party shall be entitled to recover from the other <br /> party, in addition to any other relief to which such party may be entitled, reasonable attorney's <br /> fees and other costs incurred in such action or proceeding. <br /> Jurisdiction <br /> This AGREEMENT has been and shall be construed as having been made and <br /> delivered within the State of tllinois, and it is agreed by each party hereto that this AGREEMENT <br /> shall be governed by laws of the State of Illinois, both as to interpretation and performance. <br /> Any action of law, suit in equity, or judicial proceeding for the enforcement of this <br /> AGREEMENT or any provisions thereof, shall be instituted and maintained only in any of the <br /> courts of competent jurisdiction in Macon County, Illinois. <br /> Drug Free Workplace <br /> The Drug Free Workplace Act (30 ILCS 508/1), effective January 1, 1992, requires that <br /> no contractor shall be considered for the purposes of being awarded a contract for the <br /> procurement of property or services, unless that contractor has certified to the State of Illinois <br /> that it will provide a drug free workplace. False certification or violation of the certification may <br /> result in sanctions including, but not limited to, suspension of contract payments, termination of <br /> contract, and debarment of contracting opportunities with the State for at least one (1) year, but <br /> not more than five (5) years. The ARCHITECT, by entering into this AGREEMENT, certifies <br /> that it is in compliance with the regulations and policy implementation of the Drug Free <br /> Workplace Act. <br /> 13 of 16 <br />