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O-2006-2951
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O-2006-2951
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Last modified
7/5/2019 4:35:43 PM
Creation date
5/10/2008 5:43:43 PM
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Legislative Records
Legislative Type
Ordinance
Date
10/23/2006
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6.3.3 All demands for arbitration and all answering statements thereto which include any <br />monetary claim must contain a statement that the total sum or value in controversy as alleged by <br />the parry making such demand or answering statement is not more than $200,000 (exclusive of <br />interest and costs). The arbitrators will not have jurisdiction, power, or authority to consider, or <br />make findings (except in denial of their own jurisdiction) concerning any claim, counter claim <br />dispute, or other matter in question where the amount in controversy thereof is more than <br />$200,000 (exclusive of interest and costs) or to render a monetary award in response thereto <br />against any party which totals more than $200,000 (exclusive of interest and costs). <br />6.3.4 No arbitration arising out of, or relating to, this Agreement may include by consolidation, <br />jointer, or in any other manner, any additional party not a party to this Agreement. <br />6.3.5 By written consent signed by all the parties to this Agreement and containing a specific <br />reference hereto, the limitations and restrictions contained in paragraphs 6.3.3 and 6.3.4 may be <br />waived in whole or in part as to any claim, counter claim, dispute, or other matter specifically <br />described in such consent. No consent to arbitration in respect of a specifically described claim, <br />counter claim, dispute, or other matter in question will constitute consent to arbitrate any other <br />claim, counter claim, dispute or other matter in question which is not specifically described in <br />such consent or in which the sum or value in controversy exceeds $200,000 (exclusive of interest <br />and costs) or which is with any party not specifically described therein. <br />6.3.6 The award rendered by the arbitration will be final, no subject to appeal and judgment <br />may be entered upon it in any court having jurisdiction thereof. <br />6.4 Successors and assigns. OWNER and ENGINEER each binds himself and his partners, <br />successors, executors, administrators, and assigns to the other party of the Agreement and to the <br />partners, successors, executors, administrators, and assigns of such other party in respect to all <br />covenants of this Agreement; except as above, neither OWNER nor ENGINEER shall assign, <br />-21- <br />
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