1991-04-10 Resolution 39 - Laserfiche WebLink

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f~ 7.b. Arbitration. 7.Y I. All claims, counterclaims, disputes and other matt -~ in question between the parties hereto arising out ofor i elating to this Agreement orthe breach thereof will be decided by arbitration in accordance with the Construction In2tustry Arbitration Rules of the Amer- ican ArbiU•ation Ass iation then obtaining, subject to the limitations and res 'ctions stated in paragraphs 7.6.3 and 7.6.4 below. Thi greement so to arbitrate and any other agreement or con nt to arbitrate entered into in accordance herewith as pr ided in this para- graph 7.6 will be specifically enforc ble under the prevailing law of any court having jurisdi 'on. 7.6.2. Notice of demand for arbitration must be ed in writing with the other parties to this Agreement an with the American Arbitration Association. The demand must be made within a reasonable time after the cla' , dispute or .other matter in question :has arisen. no event may the demand for arbitration be mad fter the date when institution of legal or equitable roceedings based on such claim, dispute or other m ter in question would be barred by the applicable st ate of limitations. ?.6.3. All demands for ai•b' ation and all answering statements thereto whit nclude any monetary claim must contain a state nt that the total sum or value in controversy as alle d by the party making such demand or answering atement is not more than $200,000 (exclusive o nterest and costs) and the arbitrators will not hav urisdiction, power or authority to render a mon ry award in response thereto against any. party w ch totals more than $200,000 (exclusive of interest anti costs). The arhiUators ++ill nut hart jurisdiction, j~c~wer ur authority to runsider. or make findings te~cept in denial of their awn jurisdiction) concerning and claim, counterclaim, dispute orother matterin question where the amount in controversy of any such claim. counter- claim, dispute or matter is more than $'_'00,000 (exclu- sive of interest and costs). 7.6.4. No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder or in any other manner, any person or entity who is not a party to this A~i-eement. 7.6.S.~y written consent signed by all the parties to thi~greement and containing a specific reference hereto, ~.h,e limitations and restrictions contained in paragraphs 7.6.3 and 7.6.4 may be waived in whole or in part as to any claim, counterclaim, dispute or other matter spe- tally described in such consent. No consent to arbi- tratt in respect of a specifically described claim, counter im, dispute or other matter in question will constitute c sent to arbitrate any other claim, coun- terclaim, dispu or other matter in question which is not specifically des 'bed in such consent. or in which the sum or value in ntroversy exceeds $200,000 (exclusive of interest and sts) or which is with any party not specifically describe herein. 7.6.6. The award rendered by the a 'trators will be final, judgment may be entered upon it ' any. court having jurisdiction thereof, and will not be ject to modification or appeal except to the extent per ' ted by Sections 10 and 11 of the Federal Arbitration A (9 U.S.C. §§10, I1). [The remainder of this page was left blank intentionall}•.] 1'agc 17 01 ~ 9 pales