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<br />e <br /> <br />e <br /> <br />receipt of said notice, the receiving party shall submit to the other a written response. The notice <br /> <br />and response shall include (a) a statement of each party's position and a summary of the evidence <br /> <br />and arguments supporting its position, and (b) the name and title of the executive who will <br /> <br />represent that party. The executive shall meet at a mutually acceptable time and place within <br /> <br />twenty days of the date of the disputing party's notice and thereafter as often as they reasonably <br /> <br />deem necessary to exchange relevant information 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 senior <br /> <br />executives, the parties shall endeavor to settle the dispute by mediation under the Construction <br /> <br />Industry Mediation Rules of the American Arbitration Association. <br /> <br />If the matter has not been resolyed pursuant to the aforesaid mediation procedure within ninety <br /> <br />days of the commencement of such procedure, (which period may be extended by mutual <br /> <br />agreement), or if either party will not participate in such procedure, the controversy shall be <br /> <br />settled by arbitration in accordance with "American Arbitration Association Construction <br /> <br />Industry Arbitration Rules" by a sole arbitrator. The arbitration shall be governed by the United <br /> <br />States Arbitration Act, 9 U.S.C & 1.16, and judgment upon award rendered by the Arbitrator <br /> <br />may be entered by any court having jurisdiction thereof. The place of arbitration shall be Harris <br /> <br />County. The arbitrator is not empowered to award damages in excess of actual damages, <br /> <br />including punitive damages. <br /> <br />iv <br />