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02-11-1985 Council Packet
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02-11-1985 Council Packet
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r <br />so <br />shall be decided by arbitration in accordance with the Construction <br />on Industry Arbitration Rules of the American Arbitration Association then <br />obtaining unless the parties mutually agree otherwise. Prearbitration <br />discovery shall be conducted in accordance with Rules 25 through 31 of the <br />Federal Rules of Civil Procedure. The parties agree not to consolidate <br />their arbitration proceedings with any such proceedings to which the <br />► Engineer is a party without the written consent of the Engineer. This <br />agreement to arbitrate shall be specifically enforceable under the <br />prevailing arbitration law. The award rendered by the arbitrators shall <br />be final, and judgment may be entered upon it in accordance with <br />applicable law in any court having jurisdiction. <br />A 5.9.2 Notice of the demand for arbitration shall be filed in writing with <br />�1 the ether party to the Contract and with the American Arbitration <br />Association, and a copy shall be filed with the Engineer. The demand for <br />arbitration shall be made within the time limits specified and in all <br />�1 other cases within a reasonable time after the claim, dispute or other <br />matter in question has arisen, and in no event shall it be made after the <br />date when institution of legal or equitable proceedings based on such <br />claim, dispute, or other matter in question would be barred by the <br />applicable statute of limitations. <br />5.9.3 The Contractor shall ca-ry on the Work and maintain the progress <br />schedule during any arbitration proce•-dings, unl..s otherwise agreed by <br />him and the Owner in writing. <br />SFA I MN h <br />AVAILABILITY OF LANDS: PHYSICAL <br />CONDITIONS; RFFF.RENCF. POINTS <br />1.A 6.1 LANDS BY OWNER <br />The Owner shall provide, not later than the date when needed by the <br />Contractor, the lands shc.-wn on the Drawings upon which the Work under the <br />Contract is to be performed. The Owner shall also provide rights -of -way for <br />access thereto. Any unreasonable delay in furnishing these lands by the Owner <br />shall be deemed proper cause for adjustment in the Contract Amount and in the <br />time of completion. <br />b.2 LANDS BY CON'rRACTOR <br />Any additional land and <br />access thereto not <br />shown on the Drawings that may be <br />required for temporary <br />construction facilities <br />or for storage of materials <br />shall be provided by the <br />Contractor with <br />no liability to the Owner. The <br />Contractor shall confine <br />his apparatus and <br />storage of materials and operation <br />of his workmen to these <br />areas de4crihed in <br />tht• Drawings and Specifications and <br />such addit final area = whlAi <br />!l,• e,av provid-� at his exponse. <br />r <br />3526a <br />ho <br />4/81 <br />
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