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No. 3178 Approving and Authorizing the Execution of an Addendum to the Master Agency Agreement (Southside Improvements Project)
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No. 3178 Approving and Authorizing the Execution of an Addendum to the Master Agency Agreement (Southside Improvements Project)
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Agreement) or the institution of legal or equitable proceedings by either party. If such matter <br />relates to or is the subject of a lien arising out of the Engineer's services, the Engineer may <br />proceed in accordance with applicable law to comply with the lien notice or filing deadlines <br />prior to resolution of the matter by mediation or by arbitration. <br />The Client and Engineer shall endeavor to resolve claims, disputes and other matters in question <br />between them by mediation which, unless the parties mutually agree otherwise, shall be in <br />accordance with the Construction Industry Mediation Rules of the American Arbitration <br />Association currently in effect. Requests for mediation shall be filed in writing with the other <br />party to this Agreement and with the American Arbitration Association. The request may be <br />made concurrently with the filing of a demand for arbitration but, in such event, mediation shall <br />proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed <br />pending mediation for a period of 60 days from the date of filing, unless stayed for a longer <br />period by agreement of the parties or court order. <br />The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held <br />in the place where the Project is located, unless another location is mutually agreed upon. <br />Agreements reached in mediation shall be enforceable as settlement agreements in any court <br />having jurisdiction thereof. <br />13. Successors and Assigns: The terms of this Agreement shall be binding upon and inure to the <br />benefit of the parties and their respective successors and assigns: provided, however, that <br />neither party shall assign this Agreement in whole or in part without the prior written approval <br />of the other. <br />14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or the <br />failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, <br />shall be limited to the particular instance, shall not operate or be deemed to waive any future <br />breaches of this Agreement and shall not be construed to be a waiver of any provision, except <br />for the particular instance. <br />15. Entire Understanding of Agreement: This Agreement represents and incorporates the entire <br />understanding of the parties hereto, and each party acknowledges that there are no warranties, <br />representations, covenants or understandings of any kind, matter or description whatsoever, <br />made by either party to the other except as expressly set forth herein. Client and the Engineer <br />hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other <br />similar documents executed or delivered with respect to the subject matter hereof that conflict <br />with the terms of the Agreement shall be null, void and without effect to the extent they conflict <br />with the terms of this Agreement. <br />16. Amendment: This Agreement shall not be subject to amendment unless another instrument is <br />duly executed by duly authorized representatives of each of the parties and entitled <br />"Amendment of Agreement." <br />17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to contravene <br />or to be invalid under the laws of any particular state, county or jurisdiction where used, such <br />contravention shall not invalidate the entire Agreement, but it shall be construed as if not <br />City of South Bend: South Side Improvements October 2, 2013 <br />19.R100167.00001 Page 8 <br />
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