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<br />e <br /> <br />e <br /> <br />lfthe matter has not been resolved pursuant to the aforesaid mediation procedure within sLxty <br /> <br />days of the commencement of such procedure (which period may be extended by mutual agreement), <br /> <br /> <br />if either party will not participate in a mediation, or if the parties cannot agree on a mediator, the <br /> <br /> <br />parties shall pursue amicable termination or arbitration in accordance with section 12, <br /> <br /> <br />12, Arbitration <br /> <br /> <br />12.1 All claims, counterclaims, disputes and other matters in 'question between the parties <br /> <br /> <br />hereto arising out of or relating to this Agreement or the breach thereof will be decided by <br /> <br /> <br />arbitration in accordance with the Construction Industry Arbitration Rules of the American <br /> <br /> <br />Arbitration Association then obtaining, subject to the limitations and restrictions stated in paragraphs <br /> <br /> <br />12.3 and 12.4 below. This Agreement so to arbitrate and any other agreement or consent to arbitrate <br /> <br /> <br />entered into in accordance herewith as provided in this paragraph will be specifically enforceable <br /> <br /> <br />under the prevailing law of any court having jurisdiction, <br /> <br /> <br />12.2 Notice of demand for arbitration must be filed in writing with the other parties to this <br /> <br /> <br />Agreement with the American Arbitration Association. The demand must be made within sixty (60) <br /> <br /> <br />days time after the claim, dispute or other matter in question has arisen. In no event may the <br /> <br /> <br />demand for arbitration be made after the date when institution of legal or equitable proceedings <br /> <br /> <br />based on such claim, dispute or other matter in question would be barred by the applicable starue <br /> <br />of limitations, <br />12.3 All demands for arbitration and all answering statement thereto which include any <br /> <br />monetary claim must contain a statement that the total sum or value in controversy as alleged by the <br /> <br />party making such demand or answering statement is not more than $200,000 (exclusive of interest <br /> <br />and costs) and the arbitrators will not have jurisdiction, power or authority to render a monetary <br /> <br />..J. <br />