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No. 2803 approving/authorizing the execution of an addendum to the Master Agency Agreement (1503/1505 Prairie Ave. - demolition planning project)
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No. 2803 approving/authorizing the execution of an addendum to the Master Agency Agreement (1503/1505 Prairie Ave. - demolition planning project)
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10/18/2012 12:44:20 PM
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Gi <br />Any claim, dispute or other matter in question arising out of or related to this Agreement, <br />which cannot be mutually resolved by the parties of this Agreement, shall be subject to <br />mediation as a condition precedent to arbitration (if arbitration is agreed upon by the <br />parties of this Agreement) or the institution of legal or equitable proceedings by either <br />party. If such matter relates to or is the subject of a lien arising out of the Engineer's <br />services, the Engineer may proceed in accordance with applicable law to comply with <br />the lien notice or filing deadlines prior to resolution of the matter by mediation or by <br />arbitration. <br />The Client and Engineer shall endeavor to resolve claims, disputes and other matters in <br />question between them by mediation which, unless the parties mutually agree <br />otherwise, shall be in accordance with the Construction Industry Mediation Rules of the <br />American Arbitration Association currently in effect. Requests for mediation shall be filed <br />in writing with the other party to this Agreement and with the American Arbitration <br />Association. 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 or legal <br />or equitable proceedings, which shall be stayed pending mediation for a period of 60 <br />days from the date of filing, unless stayed for a longer period by agreement of the <br />parties or court order. <br />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 <br />mutually agreed upon. Agreements reached in mediation shall be enforceable as <br />settlement agreements in any court having jurisdiction thereof. <br />13. Successors and Assigns: The terms of this Agreement shall be binding upon and inure <br />to the benefit of the parties and their respective successors and assigns: provided, <br />however, that neither party shall assign this Agreement in whole or in part without the <br />prior written approval of the other. <br />14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or <br />the failure of one party to enforce at any time, or for any period of time, any of the <br />provisions hereof, shall be limited to the particular instance, shall not operate or be <br />deemed to waive any future breaches of this Agreement and shall not be construed to <br />be a waiver of any provision, except for the particular instance. <br />15. Entire Understanding of Agreement: This Agreement represents and incorporates the <br />entire understanding of the parties hereto, and each party acknowledges that there are <br />no warranties, representations, covenants or understandings of any kind, matter or <br />description whatsoever, made by either party to the other except as expressly set forth <br />herein. Client and the Engineer hereby agree that any purchase orders, invoices, <br />confirmations, acknowledgments or other similar documents executed or delivered with <br />respect to the subject matter hereof that conflict with the terms of the Agreement shall <br />be null, void and without effect to the extent they conflict with the terms of this <br />Agreement. <br />ILI 16. Amendment: This Agreement shall not be subject to amendment unless another <br />instrument is duly executed by duly authorized representatives of each of the parties <br />and entitled "Amendment of Agreement ". <br />5 <br />
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