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O-1999-2322
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O-1999-2322
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Last modified
11/2/2016 3:39:02 PM
Creation date
7/25/2006 2:55:31 PM
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Template:
Legislative Records
Legislative Type
Ordinance
Date
4/26/1999
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<br />e <br /> <br />e <br /> <br />7.5.1 OWNER and ARCHITECT each is hereby bound and the partners, successors, <br />executors, administrators and legal representatives of OWNER and ARCHITECT (and to <br />the extent pennitted by paragraph 7.5.2 the assigns of OWNER and ARCHITECT) are <br />hereby bound to the other party to this Agreement and to the partners, successors, <br />executors, administrators and legal representatives (and said assigns) of such other party, <br />in respect of all covenants, agreements and obligations of this Agreement. <br /> <br />7.5.2 Neither OWNER nor ARCHITECT shall assign, sublet or transfer any rights under <br />or interest in (including, but without limitation, moneys that may become due or moneys <br />that are due) this Agreement without the written consent of the other, except to the extent <br />that any assignment, subletting or transfer is mandated by law or the effed of this <br />limitation may be restricted by law. Unless specifically stated to the contrary in any written <br />consent to an assignment, no assignment will release or discharge the assignor from any <br />duty or responsibility under this Agreement. Nothing contained in this paragraph shall <br />prevent ARCHITECT from employing such independent professional associates and <br />consultants, as ARCHITECT may deem appropriate to assist in the perfonnance of basic <br />services hereunder. <br /> <br />7.5.3 Nothing under this agreement shall be construed to give any rights or benefits in <br />this Agreement to anyone other than OWNER and ARCHITECT, and all duties and <br />responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive <br />benefit of OWNER and ARCHITECT and not for the benefit of any other party. <br /> <br />7.6 Dispute Resolution <br /> <br />The parties will attempt in good faith to resolve any controversy or claim arising out of or <br />relating to this agreement promptly by negotiation between senior executives of the parties <br />who have authority to settle the controversy. <br /> <br />The disputing party shall give the other party written notice of the dispute. Within ten days <br />after receipt of said notice, the receiving party shall subm it to the other a written response. <br />The notice and response shall include (a) a statement of each party's position and a <br />summary of the evidence and arguments supporting its position, and (b) the name and title <br />of the executive who will represent that party. The executive shall meet at a mutually <br />acceptable time and place within twenty days of the date of the disputing party's notice <br />and thereafter as often as they reasonably deem necessary to exchange relevant <br />infonnation 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 <br />senior executives, the parties shall endeavor to settle the dispute by mediation under the <br />Center for Public Resources Model Procedure for Mediation of Business Disputes or <br />pursue amicable tennination. <br /> <br />If the matter has not been resolved pursuant to the aforesaid mediation procedure within <br />sixty days of the commencement of such procedure, (which period may be extended by <br />mutual agreement), or if either party will not participate in such procedure, the parties shall <br />pursue amicable tennination. <br /> <br />7-2 <br />
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