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reement, together with the laws of the State of Indiana. ny claim, dispute or other matter in question arising out of or related to this Agreement, which cannot be mutually resolved by the parties of this Agreement, hall be subject to mediation as a condition precedent to arbitration (if arbitration is greed upon by the parties of this Agreement) or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising ut of the Engineer's services, the Engineer may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of me matter by mediation or by arbitration. The Client and Engineer shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Requests for mediation shall Lie filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a emand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending ediation for a period of 60 days from the date of filing, unless stayed for a longer eriod by agreement of the parties or court order. ie parties shall share the mediator's fee and any filing fees equally. The mediation all be held in the place where the Project is located, unless another location is utually agreed upon. Agreements reached in mediation shall be enforceable as ttlement agreements in any court having jurisdiction thereof. 13. Successors and Assi ns: The terms of this Agreement shall be binding upon and inure w the benefit of the parties and their respective successors and assigns: provided, owever, that neither party shall assign this Agreement in whole or in part without Me prior written approval of the other. 14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or me failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be eemed to waive any future breaches of this Agreement and shall not be construed tp be a waiver of any provision, except for the particular instance. 15. Entire Understandinci of A reement: This Agreement represents and incorporates the ntire understanding of the parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null, void and without effect to the extent they conflict with the t rms of this Agreement. 5