1991-04-10 Resolution 39 - Laserfiche WebLink

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7.6. Arbitration. ~~6.1. All claims, counterclaims, disputes and other ma~ers in question between the parties hereto arising out ofUr relating to this Agreement or the breach thereof will be deeded by arbitration in accordance with the Construction~~I,ndustry Arbitration Rules of the Amer- ican Arbitration~lssociation then obtaining, subject to the limitations and ~~restrictions stated in paragraphs 7.6.3 and 7.6.4 below. This Agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as.provided in this para- graph. 7.6 will be specifically enforceable under the prevailing law of any court having jurisdiction. ,~ 7.6.2. Notice of demand for arbitration must ~be.filed/ in writing with the other parties to this Agreement~~rid. with. the American Arbitration Association. The demand must be made within a reasonable time after~e claim, dispute or other matter in question hasr'sen. In no event may the demand for arbitration b made after the date when institution of legal ore 'able proceedings based on such claim, dispute or o er matter in question would be barred by the applic le statute of limitations. 7.6.3. All demands fo arbitration and all answering statements thereto ich include any monetary claim must contain a s ement that the total sum or value in controversy a eged by the party making such demand or answer' g statement is not more than $200,000 (exclusi of interest and costs) and the arbitrators will not h e jurisdiction, power or authority to render a mo etary award in response thereto against any party ich totals more than $200,000 (exclusive of interest and costs). The arbitrators will not have ,jurisdiction, power or authority to consider, or make findings (except` in denial of their own jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where the amount in controversy of any such claim, counter- claim, dispute or matter is more than $200,000 (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 Agreement. 7,.6'5. By written consent signed by all the parties to phis Agreement and containing a specific reference hereto, the limitations and restrictions contained in paragraphs x.6.3 and 7.6.4 may be waived in whole or in part as to .any claim, counterclaim, dispute or other matter spe- cifically described in such consent. No consent to arbi- tration`in respect of a specifically described claim, countercisim;..dispute or other matter in question will constitute conseiti,to arbitrate any other claim, coun- terclaim, dispute or ether matter in question which is not specifically describea`in such consent or in which the sum or value in controversy exceeds $200,000 (exclusive of interest and costs)'or. which is with any party not specifically described therein. ~_ 7.6.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in ally court having jurisdiction thereof, and will not be subject, to modification or appeal except to the extent permitted . by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. §§10, ll). [The remainder of this page was left blank intentionally.) Page 17 of ~_ pages