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§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if
<br />any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner
<br />may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.
<br />§ 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in
<br />accordance with applicable law to comply with the lien notice or filing deadlines.
<br />§ 15.3 MEDIATION
<br />§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those
<br />waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent
<br />to binding dispute resolution.
<br />§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
<br />otherwise, shall be administered by the American Arbitration Association in accordance with its Construction
<br />Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in
<br />writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation.
<br />The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such -event,
<br />mediation shall proceed in advance of binding dispute resolution proceedings, which shall lie stayed pending
<br />mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the
<br />parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties mayjnonetheless proceed
<br />to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
<br />§ 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the . .
<br />place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
<br />mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
<br />§ 15.4 ARBITRATION
<br />§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the, Agreement,. any
<br />Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the' parties mutually
<br />agree otherwise, shall be administered by the American Arbitration Association in accordance With its Construction
<br />Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made m writing,
<br />delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The
<br />party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party'on
<br />which arbitration is permitted to be demanded.
<br />§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a,:request for
<br />mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based'
<br />on the Claim would be barred by the applicable statute of limitations. For statute of limitations pu63osea;recaipt16-f a ,
<br />written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of
<br />legal or equitable proceedings based on the Claim. 1
<br />§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may beentered upon it in
<br />accordance with applicable law in any court having jurisdiction thereof ) l I
<br />§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or -entity.- -
<br />duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court
<br />having jurisdiction thereof. ,
<br />§ 15.4.4 CONSOLIDATION OR JOINDER
<br />§ 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted underAis,Agreement with any
<br />other arbitration to which it is a party provided that (1) the arbitration agreement governing{the;other arbitration
<br />permits consolidation, (2) the arbitrations to be consolidated substantially involve commonquestions of law or fact,
<br />and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
<br />§ 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
<br />common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,, :.
<br />provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an
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