shall
sharethe mediator'sfee andanyfilingfees equally.The mediationshall where the
Project is located, unless anotherlocationis mutually agreedupon.
Agreementsreached in mediationshall be enforceableas settlement agreementsin any
courthavingjurisdiction. §14.4Arbitration in Section 1,3,any Claim §14.4.1If the
parties have selected arbitrationas themethod for binding disputeresolution
subject to, but not resolved by, mediation shall be subject to arbitration
which, unless the parties mutually agree otherwise,shallbe administeredby the
AmericanArbitrationAssociationin accordancewith its ConstructionIndustry
ArbitrationRules in effect on the date of the Agreement.A demandfor
arbitrationshallbe made in writing, delivered to the other party to the
Contract, and filed with the person or entity administeringthe arbitration.The
party filing a notice of demandfor arbitrationmust assert iii the demandall
Claimsthen known to that party on which arbitrationis permittedto be demanded.
dispute, or other matter has §A demand for arbitrationshall be made
within a reasonable time after Claim, arisen,but in no event shall it be made
afterthe datewhenthe institutionof legal or equitableproceedingsbasedonthe AlAn
AlA Document M41 " - 2014. copyright © 2004 and 2014 by The American Institute of
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[llcagreementoftrcmrc3llc171.jpg]
Claimwould be barredby the applicablestatute of limitationsor statuteof
repose.For statute of limitationsor statute of repose purposes, receipt of a
written demand for arbitrationby the person or entity administeringthe
arbitration shall constitutethe institutionof legal or equitable
proceedingsbased on the Claim. §14.4.2The award rendered by the arbitrator or
arbitrators shall be fmal, and judgment may be entered upon it in accordancewith
applicablelaw in any courthavingjurisdiction. The parties agreethe arbitrator
shall have no power, jurisdiction, or authorityto award punitive or
exemplarydamagesto anyparty. §14.4.3The foregoingagreementto arbitrate,and
otheragreementsto arbitratewith an additionalperson or entityduly consentedto by
parties to the Agreement, shall be specificallyenforceableunder applicable law
in any court having jurisdiction thereof. §14.4.4Consolidationor Joinder
§Eitherparty, at its sole discretion,may consolidatean
arbitrationconductedunder this Agreementwith any other arbitration to which it
is a party provided that (1) the arbitration agreement governing the other
arbitration permits consolidation,(2) the arbitrationsto be
consolidatedsubstantiallyinvolve common questions of law or fact, and (3) the
arbitrationsemploymaterially similar proceduralrules and methodsfor selecting
arbitrator(s). §Either party, at its sole discretion, may include by
joinder persons or entities substantially involved in a commonquestionof law or
fact whosepresence is requiredif completerelief is to be accordedin
arbitration,provided that the party soughtto be joined consents in writing to
suchjoinder. Consentto arbitration involving an additional person or entity
shall not constitute consent to arbitration of any claim, dispute or other
matter in question not described in the written consent. §The
OwnerandDesign-Buildergrant to anyperson or entitymade a party to an
arbitrationconductedunder this Section 14.4,whetherby joinder or
consolidation,the same rights ofjoinder and consolidationas the Owner and
Design-Builderunder this Agreement. (Paragraph deleted) ARTICLE15
MISCELLANEOUSPROVISIONS §15.1GoverningLaw