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<br /> WASTE MANAGEMENT
<br /> dispute begin. The Parties shall attempt in good faith to resolve the dispute using their best efforts
<br /> to reach agreement on the matters in dispute.
<br /> 15.8.3 If the Parties are unable to resolve the dispute by negotiation within the time frame set forth above,
<br /> which time frame may be extended by mutual agreement in writing, mediation shall be initiated upon
<br /> written request by either Party. Within thirty (30) Days of such written request, the Parties shall
<br /> jointly select an individual to serve as the mediator of any dispute if willing or able to do so, and a
<br /> second individual to serve as the backup mediator. If neither of them is willing or able to serve,
<br /> and/or if the Parties cannot agree on a single mediator, then the Parties shall, within ten (10) Days
<br /> after written request by either Party, request that the American Arbitration Association ("AAA")name
<br /> three qualified mediators from its list of construction mediators. Within five (5) business Days of
<br /> receipt of the AAA list, each Party shall notify the other of a name it wishes to delete from the list.
<br /> The mediator shall be the individual on the list not so deleted. If any Party fails to notify the other of
<br /> the mediator it intends to delete within the time specified, the other Party shall select the mediator
<br /> from the AAA list. Should both Parties delete the same name, Owner shall select the mediator from
<br /> the remaining two (2) names. The mediator so selected shall not be a person who has previously
<br /> acted in any capacity for either Party and who has at least ten (10) years of experience in the
<br /> construction industry as a contractor, design professional or attorney. A single mediator, once
<br /> selected, shall be used for all disputes until unable or unwilling to serve in which event the AAA list
<br /> selection process shall be repeated.
<br /> 15.8.4 Unless otherwise agreed,the mediation shall take place in the county in which the project is located,
<br /> within thirty (30) Days after the written request is delivered to the non-requesting Party, or the
<br /> mediator is selected, if later. The Parties shall submit to the mediator all written, documentary and
<br /> other evidence and such information as determined by the mediator to be necessary for a proper
<br /> resolution of the dispute. The Parties shall also meet promptly and shall use good faith efforts to
<br /> resolve the dispute when and as requested by the mediator. The costs of mediation, including
<br /> without limitation the mediator(s)fees,shall be paid equally by each Party, provided that each Party
<br /> shall bear its own attorney's fees with respect to such mediation.
<br /> 15.8.5 Any dispute not resolved through negotiation and mediation may be resolved via litigation at the
<br /> place of the Project as provided for in Article 13.1
<br /> 15.8.6 Unless ordered otherwise by a competent tribunal or otherwise mutually agreed, the Work shall be
<br /> carried on regardless of any Claim or dispute, regardless of the any negotiations, mediation or
<br /> litigation, and the progress of the Work shall be maintained.
<br /> 15.8.7 Compliance with the provisions of this Article 15 and participation in the negotiation / mediation
<br /> process shall be a condition precedent to the bringing of any lawsuit or other action arising out of or
<br /> related to the Agreement, Work or Project or to enforce any rights or claims under or related to the
<br /> Agreement or the Work, other than an action seeking injunctive or other extraordinary equitable
<br /> relief. Compliance with this Article 15 is not a condition precedent to the right of Owner to terminate
<br /> the Agreement.
<br /> 15.9 Attorney's Fees. Should litigation, agreed arbitration or any other legal proceeding be commenced
<br /> between the Parties regarding any Claim, issue or dispute arising out of, relating to, or in connection with
<br /> the Agreement, or initiated to enforce the terms of the Agreement, the prevailing Party shall be entitled to
<br /> an award from the other Party of all of the prevailing Party's attorneys fees and costs incurred in such
<br /> litigation, arbitration or other legal proceeding, including any appeals or petitions there from. As used herein,
<br /> "attorney fees" shall mean the full and actual costs of any legal services performed in connection with the
<br /> matters involved, calculated on the basis of the usual fees charged by the attorneys performing such
<br /> services and, without limitation, the allocated costs of services of in-house counsel, and shall not be limited
<br /> to"reasonable attorney's fees"as defined in any statute, case law, or rule of court. Moreover,the prevailing
<br /> Party shall also be entitled to all costs incurred in any such litigation, arbitration or legal proceeding,
<br /> including, but not limited to, expert witness and consulting fees.
<br /> 15.10 Severability. The provisions of the Agreement, including all Contract Documents, shall be deemed
<br /> severable and the invalidity or unenforceability of any provision of the Agreement shall not affect the
<br /> validity and enforceability of the other provisions hereof. If any provision of the Agreement is
<br /> 44 Jun-17
<br /> Ver.2.0
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