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<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 /> <br />States Arbitration Act, 9 U.S.C & 1-16, and judgment upon award rendered by the Arbitrator <br /> <br /> <br />may be entered by any court having jurisdiction thereof. The place of arbitration shall be Harris <br /> <br /> <br />County. The arbitrator is not empowered to award damages in excess of actual damages, <br /> <br />including punitive damages. <br /> <br />-v- <br />