Master Services Agreement - Stantec Consulting Services, Inc.

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the Services performed up to the effective date of termination plus compensation for reasonable termination expenses. CONSULTANT will not be entitled to compensation for profit on Services not performed. 16 DISPUTES RESOLUTION — ARBITRATION 16.1 Any dispute arising between the parties concerning this Agreement or the rights and duties of either party in relation thereto shall first be submitted to a panel consisting of at least one representative of each party who shall have the authority to enter into an agreement to resolve the dispute. The disputes panel shall be conducted in good faith, either physically or electronically, within two weeks of a request by either party. No written, verbal or electronic representation made by either party during the course of any panel proceeding or other settlement negotiations shall be deemed to be a party admission. 16.2 If the panel fails to convene within two weeks, or if the panel is unable to reach resolution of the dispute, then either party may submit the dispute for binding arbitration to be held in accordance with the Construction Industry Rules of the American Arbitration Association ("Association") in effect at the time that the demand for arbitration is filed with the Association. Either party may file in the manner provided by the Rules of the Association, a Demand for Arbitration at any time. The arbitrator or arbitrators appointed by the Association shall have the power to award to either party to the dispute such sums, costs, expenses, and attorney's fees as the arbitrator or arbitrators may deem proper. 17 NOTICE 17.1 Any notice or communication required or permitted by this Agreement shall be deemed sufficiently given if in writing and when delivered personally or 48 hours after deposit with a reccipted commercial courier service or the U.S. Postal Service as registered or certified mail, postage prepaid, and addressed as follows: CLIENT Mr. Kieran Fahey, Director Long-term Control Plan City of South Bend Dept. of Public Works 227 W. Jefferson Blvd., Suite 1316 South Bend, Indiana 46601 CONSULTANT Stantec 350 N. Orleans Street, Suite 1301 Chicago, Illinois 60654 Attention: Joe Johnson, Project Manager or to such other address as the party to whom notice is to be given has furnished to the other party(ies) in the manner provided above. 18 SURVIVAL OF CONTRACT TERMINATION 18.1 The Articles relating to Indemnification, Limitation of Liability, Preexisting Conditions, Data Rights, Confidentiality, Governing Law and Venue shall survive completion of the Services, payment in full of the Compensation and termination of this Agreement.