O-1998-2237 - Laserfiche WebLink

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. e This is EXHIBIT H, consisting of 1 page, referred to in and part of the Agreement between OWNER aytd ENGINEER for Professional Services dated./]MtlJ I ~ , -lq~~ . -----u- ~\ Initial: OWNER ~'6 ENGINEER ~ Dispute Resolution Paragraph 6.09 of the Agreement is amended and supplemented to include the following agreement of the parties: H6.09 Dispute Resolution A. The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executives shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association. If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the controversy shall be settled by arbitration in accordance with "American Arbitration Association Construction Industry Arbitration Rules" by a sole arbitrator. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. & 1-16, and judgment upon the award rendered by the Arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration shall be Harris County. The arbitrator is not empowered to award damages in excess of actual damages, including punitive damages. Page 1 of 1 Page (Exhibit H - Dispute Resolution)