1991-04-10 Resolution 39 - Laserfiche WebLink

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Y - 7.6. Arbitration. 7 6.1. All claims, counterclaims, disputes and other ma rs in question between the parties hereto arising out of relating to this Agreement orthe breach thereof will be ided by arbitration in accordance•with the Constructio Industry Arbitration Rules of the Amer- ican Arbitratio ssociation then obtaining, subject to the limitations a restrictions stated in paragraphs 7.6.3 and 7.-6.4 belo This Agreement so to arbitrate and any other agreemen r consent to arbitrate entered into in accordance herewit as provided in this para- graph. 7.6 will be specifically forceable under the prevailing law of any court having isdiciion. 7.6.2. Notice of demand for arbitration mu e filed in writing with the other parties to this Agreenten d with the American Arbitration Association. T~re deman must be made within a reasonable time after the claim, .dispute or other matter in question has arisen. In no event may the demand for arbitrati9ri be made after the date when institution of legal or,equitable proceedings based on such claim, dispute other matter in question would be barred by the appjicable statute of limitations. 7.6.3. All demands f6r arbitration and all answering statements theret hich include any monetary claim must contain a atement that the total sum or value in controversy alleged by the party making such demand or answe ' g statement is not more than $200,000 (exclus' a of interest and costs) and the arbitrators will not ve jurisdiction, power or authority to render a m etary award in response thereto against any party ich totals more than $200,000 (exclusive of interest and costs). The arbitrators ~+•ill 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 matterin 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 arb~t,ration arising out of, or relating to, this Agreemen~t,rttay include, by consolidation, joinder or in any other manner, any person or entity who is not a p~rfy to this Agreement. 7.6.5. By written consent signed by all. the parties to this Agreement and containing a specific reference hereto, the 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- ' cally described in such consent. No consent to arbi- trate in respect of a specifically described claim, counterc 'm, dispute or other matter in question will constitute co nt to arbitrate any other claim, coun- terclaim, dispute other matter in question which is not specifically descr- din such conseni or in which the sum or value in con oversy exceeds $200,000 (exclusive of interest and cos. or which is with any party not specifically described th ein. 7.6.6. The award rendered by the arbitr~aZ,ors will be final, judgment may be entered upon it in~at~v court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permi~ed by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. §§10, 11). [The remainder of this page was left blank intentionally.] Page t7 of I9 pages