1997-09-08 Regular Meeting of City Council

Browse Search

e - If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure (which period may be extended by mutual agreement), if either party will not participate in a mediation, or if the parties cannot agree on a mediator, the parties shall pursue amicable termination or arbitration in accordance with section 12. 12. Arbitration 12.1 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 12.3 and 12.4 below. This Agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph will be specifically enforceable under the prevailing law of any court having jurisdiction. 12.2 Notice of demand for arbitration must be filed in writing with the other parties to this Agreement with the American Arbitration Association. The demand must be made within sixty (60) days time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statue of limitations. 12.3 All demands for arbitration and all answering statement 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) 'and the arbitrators will not have jurisdiction, power or authority to render a monetarY -. . . ~ .....-. .