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1 7.10.3 If a decision of the Engineer is made in writing and states that it is final but sub'ect to a eal <br /> J �P , <br /> no demand for arbitration of a claim, dispute or other matter covered by such decision may be made <br /> � later than thirty days after the date on which the party making the demand received the decision. The <br /> failure to demand arbitration within said thirty days' period will result in the Engineer's decision <br /> becoming final and binding upon the Owner and the Contractor. If the Engineer renders a decision <br /> � after arbitration proceedings have been initiated, such decision may be entered as evidence but will <br /> not supersede any arbitration proceedings unless the decision is acceptable to the parties concerned. <br /> � 7.11 ARBITRATION <br /> � 7.11.1 All claims, disputes and other matters in question arising out of, or relating to, the Contract <br /> Documents or the breach thereof, except for claims which have been waived by the making or <br /> acceptance of final payment, or barred by failure to demand arbitration within the time lirnits <br /> � speeified, shall be decided by arbitration in accordance with the Construction Industry Arbitration <br /> Rules of the American Arbitration Association then obtaining unless the parties mutually agree <br /> otherwise. Pre-arbitration discovery shall be conducted in accordance with Rules 26 through 37 of <br /> the Federal Rules of Civil Procedure. No arbitration relating to the Contract Documents shall <br /> � include by consolidation,joinder or otherwise, any person or entity (including the En ineer), not a <br /> g <br /> party to this Agre�ment without the written consent of such other person or entity. This agreement <br /> � to arbitrate shall be specifically enforceable under the prevailing arbitration law. Th�award rendered <br /> by the arbitrators shall be fina1, and judgment may be entered upon it in accordance with applicable <br /> law in any court having jurisdiction. <br /> � . 7.11.2 Notice of the dem�nd for arbitration shall be file ' <br /> d m writmg with the other party to the <br /> � Cantract and with the American Arbitration Association, and a copy shall be filed with the Engineer. <br /> The demand for arbitration shall be made within the time limits specified and in all other cases <br /> - within a reasonable time after the claim, dispute or other matter in question has arisen, and in no <br /> � event shall it be made after the date when institution of legal or equitable proceedings based on such <br /> claim, dispute, or other matter in question would be barred by the applicable statute of limitations. <br /> � ?.11.3 The Contractor shall carry on the Work and maintain the progress schedule during any <br /> arbitration or other legal proceedings, unless otherwise agreed by him and�he Own�r in writing. <br /> � 7.12 INDEMNIFICATION <br /> To rhe fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner <br /> � and the Engineer and their agents and employees from and against all claims, damages, losses and <br /> �xpenses,including but not limited to attorneys'fees arising out of or resulting from the performance <br /> of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, <br /> � sickness, disease or c�eath, or to injury to or destrucfion o�tangible property �othe�fia�he�Vor�C <br /> itsel� including the loss of use resulting therefrom, and (2) is caused in whole or in part by any <br /> � negligent act or omissic�n of the Contractor, any Subcontractor, anyone directly or indirectty <br /> employed by any of them or anyone for whose acts any of them may be liable, regardless of whether <br /> �r not it is caused m part by a party indemnified hereunder. S�ch abligation shall not be construed <br /> � to negate, abridge or otherwise reduce any other right or obligation of indemnity vvhich would <br /> �thervvise exist �s �o any par�y c�r person desc�ibed in this S�ctior_. <br /> � <br /> '.i".'i?L:-:l;/'.r):;;'.�',l��'..()�l:;i._15.oC:i <br /> v i`'}`i•��, ' ;itU!t,�'�OSI'.RC, <br /> � <br /> � rt <br /> -...�jq: '4 ..... �_"g5,�a+r, -,:,,1 ' <br />