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<br />..-1 <br />... <br /> <br />4.4.9 Conference between Senior Representatives: The disputing party shall give the other <br />party written notice of appeal of the dispute including the architect. Within ten (10) days after <br />receipt of said notice, the receiving party shall submit to the other a written response. The notice <br />and response shall include (a) a statement of each party's position and a summary of the <br />evidence and arguments supporting its position, and (b) the name and title of the Senior <br />Representatives who will represent that party. The Senior Representatives shall meet at a <br />mutually acceptable time and place within twenty (20) days of the date ofthe disputing party's <br />notice and thereafter as often as they reasonably deem necessary to exchange relevant <br />information and to attempt to resolve the dispute. <br /> <br />4.5 MEDIATION <br /> <br />4.5.1 Delete the entire section, Subparagraphs 4.5.1 through 4.5.3, inclusive, and replace <br />with the following: <br /> <br />4.5 MEDIATION <br /> <br />4.5.1 Ifthe controversy or claim has not been resolved within thirty (30) days ofthe meeting <br />of the Senior Representatives, the parties agree to settle the dispute by mediation administered <br />by the American Arbitration Association under its Construction Industry Mediation Rules before <br />resorting to arbitration. The request may be made concurrently with the filing of a demand for <br />arbitration, but, in such event, mediation shall proceed in advance of arbitration, which shall be <br />stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for <br />a longer period by agreement of the parties. <br /> <br />4.5.2 For any controversy or claim to mediation under the terms of this contract in which no <br />party's total disclosed claim or counter-claim exceeds $75,000, exclusive of interest, the parties <br />shall participate in mediation under the Fast Track Procedures as set forth in the Construction <br />Industry Mediation Rules of the American Arbitration Association. <br /> <br />4.5.3 Where no party's claim exceeds $10,000, exclusive of interest, and in other cases where <br />the parties agree, the dispute shall be resolved by submission of documents, as provided for in <br />Rule F-9 of the Fast Track Procedures of the Construction Industry Mediations Rules of the <br />American Arbitration Association. <br /> <br />4.5.4 The parties shall share the mediator's fee and any filing fees equally. The mediation <br />shall be held in the place where the Project is located, unless another location is mutually agreed <br />upon. Agreements reached in the mediation shall be enforceable as settlement agreements in any <br />court having jurisdiction thereof. <br /> <br />4.6 ARBITRATION <br /> <br />4.6.1 Delete the entire section, Subparagraphs 4.6.1 through 4.6.6, inclusive, and replace <br />with the following: <br /> <br />4.6 ARBITRATION <br /> <br />4.6.1 If the matter has not been resolved pursuant to the aforesaid mediation procedure within <br />sixty (60) days of the commencement of such procedure, (which period may be extended by <br /> <br />12 <br />