1987-07-02 Meeting - Laserfiche WebLink

Browse Search

5. F,. ?,. , NeitY~e=r O~TNER nor ENGINEER sha11 assign, s~.zblr t car transfer a.ny rights under o.r interest. in (including, but without. limitation, monies treat, may become due or monies that are dice) this Agreement without the written consent of the other, except as stated. in paz•agraph 5.5.1. and except to the execnt that the effect of this la.mitatic>n may be restri.eted by law. Unle:~s specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge tree assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent EN(.;TNEER from ~-mploying such j.ndependcant consultants, associates and subcontractors as he may deed appropriate to assist. him in the performance of se.rva.ces rtert;LlTlt~~r . 5.5.3. Nothing herein shall be construed to give any rigrtts or benefits hereundFr to anyone other trian OWNER anal ENGINEER. 5. 6. ARBITRATION 5.6.1. Al.l claims, co~.znterclaims, disputes and other. math=rs in giacstion between the parties hereto arising out of or. relating to this A.gr. e.ement, or the breach thereof wi.l1 be der_:ide<_1 by arbitration i.n accor.dartc~e with the Construction. :Ind~.zstry Arbitration Rules of the American Arbitration A~;sociat.ion then obtaina.n.g, szab,ject to the limitations and restrictions stated in paragraphs 5.6.3. and 5,6.4. below. This agreement so to arbi.tratc and any otrte.r. agreement or consent., to arb3.trate er~te rNd into in accordance. rterc.with as. provided in this paragraph 5.6. wall be specifically er.,forceable ~.znder t.h.e prevailing arbitration law of any court having jurisdiction. 5.6.?. Not9.ce• of demand f.or arbitration must be filed in writing with the other parties to this Agreement. and with the American Arbitration Association. Tree demand must be made within a reasonable time after.. the claim, dispute or other. matter in gzzestior~ rias ari.:~~~n. Tn no event may the demand for arbitration be made ~~ft.er instit~_zt:ion of legal ~>r equitable pror..r~ed.ings based on such. cla.i.na, di.s~~~_zte o,r athex• matter ].Il question would be barred by the applicable statute o.f limitat.ions. Page 16 of 17