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r <br />M <br />41 <br />K <br />Americar, Arbitration Association. and a copy shall be sent to <br />ENGINEER for infor^tation. The demand for arbitration <br />shall be made within . thirty-dav period specified in para- <br />,graph 16.2 where applicable, ar-t all other cases within a <br />reasonable time after the claim, dispute or other matter .n <br />question has arisen, and in no event shall any such demand be <br />made after institution of legal rr equitable proceedings base t <br />on such claim, dispute or other matter in 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 consolidat,on, joinder or it <br />any other manner any other person or entVry (including ENGI- <br />NEER, his aa,ntr employees or consult4nts) who is not a <br />party to this Agreement unless <br />16.4.) . the inclusion of such other person or entity is <br />necr..a,s rt complete relief is to be afforded among those <br />who are already parties to the arbtrratic, r, <br />16.4.2. sw', ather 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 />Irf.4.3. the written consent of the other pei�on or <br />err.ity sough; to be included and of OWNER and CON- <br />TRACTOR has been obtained for such inclusion, which <br />consent shall make specific reference to this paragraph; <br />but no such consent shall c^nstitute 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 'he :.yard rendered by the arbitrators will be final, <br />judgmer nay be entered upon .t in at,- oast having )uris- <br />dicnon :h, •af, and will no: be sutiect t(, .1ification or ap- <br />peal except to the extent permitted b. Sections 10 and I I Ott <br />the Federal Arbitration Act (9 U.S.L g§10. 11). <br />ARTICLE I' —MISCELLANEOUS <br />Gt ving Notice: <br />17.1. Whr--ver anv rrovision of the Contract Documents <br />requires the ong of written notice it shall be deemed to hase <br />been validly given if delivered to person to the individual or to <br />a member of the firm or to an officer of the corporation for <br />whom it is intended, or it 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 />Compurarton of Time: <br />17.:. When any period of time is referred to to the Con- <br />tract Documents by days, it shall be computed to exclude the <br />first and include the last day of such period. If the last day of <br />any such period falls on a Saturday or Sunday or on a day <br />made a legal holiday by the law of the applicable jurisdiction, <br />such day shall be omitted from the computation. <br />General: <br />17.3. Should OWNER or CONTRACTOR suffer injury <br />or damage to h s person or property because of any error, <br />omission or act of the other party or of any of the other par- <br />, employees or agents or others for whose acts the other <br />party is legally liable, claim shall be made in writing to the <br />other party within a reasonable time of the first observance of <br />quch in)ury 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. 13.1, 13.1 1, <br />13 14. 14.3 and 15.2 and all of ;he rights and remedies avail- <br />Ir o OWNER and ENGINEER thereunder, shall be in ad- <br />ition io. and shall not be construed in any way as a .%tni•on <br />of, any rights and remedies available to an%, or at. ,f them <br />which are otherwise imposed or availabl w or contract, <br />by special warranty or guarantee or by c.. avisions of the <br />Contract Documents, and the pro%tsiori. his paragraph <br />shall be as effect., r -is epeated specifically in the Contract <br />Documents in c n with each .articular duty. obliga- <br />tion. , ight and to apply. All representa- <br />tions, warrant, r"kr oe to the Contract Docu- <br />ments shall sttrv„.• fi,..: ptyt- raj termination or comple- <br />tion of this .agreement. <br />