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O-1993-1880
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O-1993-1880
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Last modified
11/2/2016 3:38:53 PM
Creation date
10/24/2006 5:16:08 PM
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Template:
Legislative Records
Legislative Type
Ordinance
Date
1/11/1993
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<br />e <br /> <br />e <br /> <br />7:. 5 . 1 OWNER and ARCHITECT each is hereby bound and the <br />partners, successors, executors, administrators and legal <br />representatives of OWNER and ARCHITECT (and to the extent permitted <br />by paragraph 7.5.2 the assigns of OWNER and ARCHITECT) are hereby <br />bound to the other party to this Agreement and to the partners, <br />successors, executors, administrators and legal representatives <br />(and said assigns) of such other party, in respect of all <br />covenants, agreements and obligations of this Agreement. <br /> <br />7.5. 2 Neither OWNER nor ARCHITECT shall assign, sublet or <br />transfer any rights under or interest in (including, but without <br />limitation, moneys that may become due or moneys that are due) this <br />Agreement without the written consent of the other, except to the <br />extent that any assignment, subletting or transfer is mandated by <br />law or the effect of this limitation may be restricted by law. <br />Unless specifically stated to the contrary in any written consent <br />to an assignment, no assignment will release or discharge the <br />assignor from any duty or responsibility under this Agreement. <br />Nothing contained in this paragraph shall prevent ARCHITECT from <br />employing such independent professional associates and consultants <br />as ARCHITECT may deem appropriate to assist in the performance of <br />basic services hereunder. <br /> <br />7.5.3 Nothing under this agreement shall be construed to give <br />any rights or benefits in this Agreement to anyone other than OWNER <br />and ARCHITECT, and all duties and responsibilities undertaken <br />pursuant to this Agreement will be for the sole and exclusive <br />benefit of OWNER and ARCHITECT and not for the benefit of any other <br />party. <br /> <br />7.6 Arbitration <br /> <br />7.6.1 All claims, counterclaims, disputes and other matters in <br />question between the parties hereto arising out of or relating to <br />this Agreement or the breach ther~of will be decided by arbitration <br />in accordance with the Construction Industry Arbitration Rules of <br />the American Arbitration Association then obtaining, subject to the <br />limitations and restrictions stated in paragraphs 7.6.3 and 7.6.4 <br />below. This Agreement so to arbitrate and any other agreement or <br />consent to arbitrate entered into in accordance herewith as <br />provided in this paragraph 7.6 will be specifically enforceable <br />under the prevailing law of any court having jurisdiction. <br /> <br />7.6.2 Notice of demand for arbitration must be filed in writing <br />with the other parties to this Agreement with the American <br />Arbitration Association. The demand must be made within a <br />reasonable time after the claim, dispute or other matter in <br />question has arisen. In no event may the demand for arbitration be <br />made after the date when institution of legal or equitable <br />proceedings based on such claim, dispute or other matter in <br />question would be barred by the applicable statue of limitations. <br /> <br />7-2 <br />
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