3.12. SR 03-20-2006 - Laserfiche WebLink

Home Browse Search

, ' advance of arbitration or legal or equitable oroceedings. which shall be stayed pending mediation for a period of 60 days from the date of filing. unless stayed for a longer period bv agreement of the parties or court order. ~ 1.3.4.3 The flarties shall share the :mediator's fee aHd aB)' filiHg fees eEj.liall)'. The :mediaaoR shall Be helE! iR the fllaee ',mere the Prejeet is loeated, 1:1Rless aaother loeation is FH1:1t1:1ally agreed 1:1pOH. .A.gree:meRts reaehed in :mediatioH shall Be eafor-ceable as settlemem: agreements in an)' eOl:lrt having jl:lrisdictioH thereof. 1.3.4.4 The parties shall share the mediator's fee and anv filing fees equallv. The mediation shall be held in the place where the Proiect is located. unless another location is mutuallv agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in anv court having jurisdiction thereof. ~ 1.3.5 ARBITRATION ~ 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 1.3.4. ~ 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. ~ 1.3.5.3 A demand for arbitration 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 statute of limitations. ~ 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. ~ 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.5.6 Arbitration shall occur in the State of Minnesota. ~ 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. Upon the condition that the Contractor waives claims against the Architect for consequential damages arising out of or relating to the contract between Owner and Contractor. the Architect waives claims against the Contractor and its consultants for consequential damages. Consequential damages. for the puq>ose of this Agreement. include without limitation any indirect. special. reliance. incidental. loss of use. loss of income. loss of profit. overhead. loss of rent. warrantv or consequential damages as well as damages under theories of contribution or indemnity. but does not include damages for personal and bodily iniuries or death. The parties further agree that anv liability for any damages not waived under this agreement are limited to an amount not to exceed $100,000 or the total compensation for basic and additional services under this agreement. whichever sum is greater. but this limitation of liabilitv does not apolv to damages for personal and bodily injuries or death. AlA Document B141™ -1997 Part 1. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967, 1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AJA~ Document is protected by U.S. Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:54:39 on 03/15/2006 under Order No.1 000195323_9 which expires on 9/8/2006, and is not for resale. User Notes: (1759163019)