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<br />e <br /> <br />e <br /> <br />response shall include (a) a statement of each party's position and a summary of the evidence and <br /> <br />arguments supporting its position, and (b) the name and title ofthe executive who will represent that <br /> <br />party. The executive shall meet at a mutually acceptable time and place within twenty days of the <br /> <br />date of the disputing party's notice and thereafter as often as they reasonably deem necessary to <br /> <br />exchange relevant information and to attempt to resolve the dispute. <br /> <br />If the controversy or claim has not been resolved within thirty days of the meeting of the senior <br /> <br />executives, the parties shall endeavor to settle the dispute by mediation under the Construction <br /> <br />Industry Mediation Rules of the American Arbitration Association, <br /> <br />If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety days <br /> <br />of the commencement of such procedure, (which period may be extended by mutual agreement), or <br /> <br />if either party will not participate in such procedure, the controversy shall be settled by arbitration <br /> <br />in accordance with "American Arbitration Association Construction Industry Arbitration Rules" by <br /> <br />a sole arbitrator. The arbitration shall be governed by the United States Arbitration Act, 9 U,S.C & <br /> <br /> <br />1-16, and judgment upon award rendered by the Arbitrator may be entered by any court having <br /> <br />jurisdiction thereof. The place of arbitration shall be Harris County, The arbitrator is not <br /> <br /> <br />empowered to award damages in excess of actual damages, including punitive damages. <br /> <br />-iv- <br />