R93-13 AUTHORIZING ARCHITECHURAL / ENGINEERING AGREEMENT AND AGREEMENT AND MORTGAGE

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� �t a � SBCTION 9 9.1 All claims, disputes, and other matters in question arisinq out of, or relating to, this Aqreement or the breach thereof, 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. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Arbitration costs shall be shared by both parties to this contract unless otherwise ruled by the ar�itrators. 9.2 Notice of the demand for arbitration shall be filed in writinq with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the 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 statue of limitations. 9.3 The award rendered by the arbitrators shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 8$CTION 10 During the progress of construction, should deficiencies and/or errors be discovered in the plans, drawinqs, and specifications due to the professional negligence of the A/E, the Owner may, at its option, withhold any part or all of the total fee remaining unpaid, until such deficiencies and/or errors are corrected to the satisfaction of the Owner at no additional cost. SBCTION 11 The A/E shall hold harmless and indemnify the Owner from claims of patent infringement and assume full responsibility to pay any royalties for patents applicable to the A/E's structural or other design. 10