1984-07-18 Regular Meeting (2) - Laserfiche WebLink

Browse Search

~~ • ~~' A u S.S. SUCCESSORS AND ASSIGNS 5.5.1. OWNER and ENGINEER each binds himself and his partners, successors, executors, administrators, assigns and legal representatives to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. 5.5.2. Neither OWNER no.r ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except as stated in paragraph 5.5.1. and except to the extent that • the effect of this limitation may be restricted by law. Unless 'specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates and subcontractors as he may deem appropriate to assist him in the performance of services hereunder. 5.5.3. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and ENGINEER. 5.6. ARBITRATION. 5.6.1. All claims, counterclaims, disputes and other. matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations and restrictions stated in paragraphs 5.6.3. and 5.6.4. below. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith. as.provided in this paragraph 5.6. will be spec if ically enforceable under the px evailing arbitration law of any court having jurisdiction. 5.6.2. Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after institution of legal or equitable proceedings based on such • claim, dispute or other matter in question would be barred by the applicable statute of limitations. 5.6.3. All demands for arbitration and all answering statements thereto which include any monetary claim must contain~a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement is not more than $200,000 (exclusive of interest and costs). The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial of their own jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where the amount in controversy thereof is more than $200,000 (exclusive of interest and costs) or to rend er a monetary award in response thereto against any party which totals more than $200,000 (exclusive of interest and costs). • 5.6.4. No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder or in any other manner, any person or entity who is not a party to this Agreement. 5.6.5. By written consent signed by all the parties to this Agreement and containing a specific reference hereto, the limitations and restrictions contained in paragraphs 5.6.3. and 5.6.4, may be waived in whole or in part as to any claim, counterclaim, dispute or other matter specifically described in such consent. No consent to arbitration in respect of a specifically described " Page 10 of 13 L-~