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American Arbitration Association, and a copy shall be sent to <br />ENGINEER for information. The demand for arbitration <br />shall be made within the thirty -day period specified in para- <br />graph 16.2 where applicable, and in all other cases within a <br />reasonable time after the claim, dispute or other matter in <br />question has arisen. and in no event shall any such demand be <br />made after institution of legal or equitable proceedings based <br />on such claim, dispute or other matter ,n question -would be <br />barred by the applicable statute of limitations. <br />16.4. No arbitration arising out of or relating to the Con- <br />tract Documents shall include by consolidation, joinder or in <br />any other manner any other person or entity (including ENGI- <br />NEER, his agents, employees or consultants) who is not a <br />party to this Agreement unless: <br />16.4.1. the inclusion of such other person or entity is <br />necessary if complete relief is to be afforded among those <br />who are already parties to the arbitration. <br />16.4.2. such other person or entity is substantially in- <br />volved in a question of law or fact which is common to <br />those who are already parties to the arbitration and which <br />will arise in such proceedings and <br />16.4.3. the written consent of the other person or <br />entity sought to be included and -of OWNER and CON- <br />TRACTOR has been obtained for such inclusion• whi <br />consent shall make specific reference to this paragrap... <br />but no such consent shall constitute consent to arbitration <br />of any dispute not specifically described in such consent or <br />to arbitration with any party not specifically identified in <br />such consent. <br />16.5. The award rendered by the arbitrators will be final, <br />t�. <br />judgment may oe entered upon it in any court having juris- <br />diction thereof, and will not be subject to modification or <br />ap-peal except to the extent permi-ted by Sections 10 and I I of <br />the Federal .Arbitration Act (9 U-S C 3410. 11 <br />ARTICLE 17—AISCELLANEOUS <br />Giving :notice: <br />17.1 Whenever any provision of the Contract Documents <br />requires ine giving of written notice it shall be deemed to have <br />wr <br />11 <br />been validly given !f dehyered in person :o the .ndividual or to <br />a member of the firm or to an officer of the corporation for <br />•.vhom it is intended. jr f delivered at or sent by registered or <br />certified mail, postage prepaid. to the last business address <br />known to the giver of the notice. <br />Computation o(Time: <br />17.2. When any period of time is referred to in the Con- <br />tract Documents by days, it shall be :omputed to exclude the <br />first and include the last day of such period. If :he last day of <br />any such period falls on a Saturday or Sunday or on a day <br />made a legal holiday by ;he law of the applicable junsdie:on <br />such day shall be omitted from the computation. <br />General <br />11.3. Should OWNER or CONTRACTOR suffer injury <br />or damag•- .o his person or property because of any error, <br />omission or aft of the other party or of any of the other <br />par -employees or agents or others for whose acts :he other <br />party is legally liable, :laim shall be made in writing to the <br />other party within a reasonable time of th, first observant: of <br />such injury or damage. <br />1" 4. The duties and obligations imposed by these Gen- <br />eral Conditions and the rights and remedies available here- <br />under to the parties hereto. and, in particular but without <br />limitation. the warranties, guarantees and obligations im- <br />posed upon. CONTRACTOR by paragraphs 6 30. 111. 13.11. <br />13.14, 14.3 and 15.2 and all if the rights and remedies avail- <br />able to OWNER and ENGINEER the,eunder, shall be in ad- <br />dition to. and shall not be :onstrued in any way as a limitation <br />of, any rights and remedies available o any or all of them <br />which are otherwise imposed or available by law or contract, <br />by special warranty or guarantee or by other provisions of the <br />Contract Documents, and the provisions of this paragraph <br />shall be as effective as if repeated specifically in the Contract <br />Documents in connection with each particular duty. obliga- <br />tion, right and remedy :o which they apply .All represer•ta- <br />tions. warranties and guarantees made in :he Contract Docu- <br />ments shall survive final payment and termination or :emple- <br />tion .-I - ,s Agreement <br />r <br />