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Any action at law, suit in equity or judicial proceeding for the enforcement of this <br />Agreement or any provision thereof shall be instituted only in the district courts of <br />the State of hrdiana, St. Joseph County. <br />18. Suspension of Work. <br />Either party may suspend, by written notice, all or a portion of the work under this <br />Agreement, in the event unforeseeable circumstances, beyond the control of either <br />party, make normal progress in the performance of the work impossible. The party <br />desiring to suspend the work must request that the work be suspended by notifying <br />the other party, in writing, of the circumstances which are interfering with normal <br />progress of the work. The time for completion of the work shall be extended by the <br />number of days the work is suspended. In the event that the period of suspension <br />exceeds ninety (90) working days, the terms of this Agreement are subject to <br />renegotiation and both parties are granted the option to terminate work on the <br />suspended portion of the project in accordance to Article 19 of this Agreement. <br />19. Termination of Work. <br />The City may terminate, by written notice, the work under this Agreement. The <br />Consultant may terminate work in the event the City fails to perform in accordance <br />with the provisions of this Agreement. Termination of this Agreement is <br />accomplished by fifteen (15) working days prior written notice from the party <br />initiating termination to the other. Notice of the termination shall be delivered by <br />certified mail with receipt of delivery returned to the Sender. In the event of <br />termination, the Consultant shall perform such additional work, as is necessary for <br />the ordinary filing of documents, and closing shall not exceed ten percent (10%) of <br />the total time expended on the termination portion of the project prior to the <br />effective date of termination. The Consultant shall be compensated for the <br />terminated portion of the work on the basis of work actually performed prior to the <br />effective date of termination, plus the work required for filing and closing. <br />Charges for the latter work are subject to the ten percent (10%) limitation <br />described in this Article. <br />20. Dispute Resolution. <br />All claims, counterclaims, disputes and other matters in question between the City <br />and the Consultant arising out of, or relating to, this contract or breach of it, unless <br />otherwise settled, may be mediated before initiation of a judicial action. <br />Unless the parties mutually agree otherwise, mediation will be in accordance with <br />the Construction Industry Mediation Procedures of the American Arbitration <br />Association currently in effect. The American Arbitration Association will not be <br />used to administer or facilitate the process or the selection of the mediators. <br />Instead, the parties will attempt to mutually agree to the appointment of one <br />mediator. If the parties cannot agree to one mediator, each party shall select one <br />mediator and the two mediators will appoint a third mediator. The parties agree to <br />split the mediator(s) fees and expenses. Each party shall bear their own attorney's <br />fees and other costs incurred for the mediation. <br />21. Attorneys' fees. <br />If either party breaches this Agreement, the prevailing party in any litigation is <br />