Laserfiche WebLink
<br />e <br /> <br />e <br /> <br />position and a summary of the evidence and arguments supporting its <br />position, and (b) the name and title of the executive who will <br />represent that party. The executive shall meet at a mutually <br />acceptable time and place within twenty days of the date of the <br />disputing party.s notice and thereafter as often as they reasonably <br />deem necessary to exchange relevant information and to attempt to <br />resolve the dispute. <br /> <br />7 . 6 .3 If the controversy or claim has not been resol ved wi thin <br />thirty days of the meeting of the senior executives, the parties <br />shall endeavor to settle the dispute by mediation under the <br />Construction Industry Mediation Rules of the American Arbitration <br />Association. <br /> <br />7.6.4 If the matter has not been resolved pursuant to the aforesaid <br />mediation procedure within ninety days of the commencement of such <br />procedure, (which period may be extended by mutual agreement), or <br />if either party will not participate in such procedure, the <br />controversy shall be settled by arbitration in accordance with <br />IIAmerican Arbitration Association Construction Industry Arbitration <br />Rulesll by a sole arbitrator. The arbitration shall be governed by <br />the United States Arbitration Act, 9 U.S.C & 1-16, and judgement <br />upon the award rendered by the Arbitrator may be entered by any <br />court having jurisdiction thereof. The place of arbitration shall <br />be Harris County. The arbitrator is not empowered to award damages <br />in excess of actual damages, including punitive damages. <br /> <br />7-3 <br />