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<br />e <br /> <br />e <br /> <br />If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, <br /> <br />the parties shall endeavor to settle the dispute by mediation under the Construction Industry Mediation Rules <br />of the American Arbitration Association. <br /> <br />If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety days of the <br /> <br />commencement of such procedure, (which period may be extended by mutual agreement), or if either party <br /> <br />will not participate in such procedure, the controversy shall be settled by arbitration in accordance with <br /> <br />"American Arbitration Association Construction Industry Arbitration Rules" by a sole arbitrator. The <br /> <br />arbitration shall be governed by the United States Arbitration Act, 9 U.S.C & 1-16, and judgment upon <br /> <br /> <br />award rendered by the Arbitrator may be entered by any court having jurisdiction thereof. The place of <br /> <br />arbitration shall be Harris County. The arbitrator is not empowered to award damages in excess of actual <br /> <br />damages, including punitive damages. <br /> <br />-iv- <br />