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obligation hereunder will be extended by a period reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under this Agreement due to a force majeure condition. the Contractor shall request a time extension from the City Manager or his designee within three (3) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. Events of Force i\-lajeure do not include acts or omissions of Sub- Contractors. ARTICLE 35. tMEDIATION AND ARBITRATION OF DISPUTES The merits of anv dispute arising under. out of. in connection with; or in relation to this agreement. or the making or validity thereof. or its interpretation, or any breach thereof, shall be determined and settled by Arbitration before an Arbitrator in the State of Florida. pursuant to the Commercial Arbitration Rules then obtaining of the American Arbitration Association. If the parties hereto are unable to agree upon the selection of an arbitrator. such arbitration shall be held before the American Arbitration Association. Anv award rendered shall be final and conclusive upon the parties hereto and ajudgment thereon may be entered in the highest court of the State of Florida having jurisdiction. Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably. either part may give notice for a Mediation session before a Mediator appointed by mutual agreement (hereinafter the "Mediator "). If the parties are unable to agree upon the selection of mediator. such mediation shall be held before the American Arbitration Association. The Mediator shall make a recommendation to the parties in the form of a written mediated settlement agreement. Each party to the dispute shall sign such agreement after receipt of the same or immediately file a demand for Arbitration. in which event the parties shall proceed to Arbitration in accordance with the previous paragraph. All costs of the Arbitration. including Mediation and the legal action to confirm and enforce the arbitrator's award at the administrative, judicial and /or appellate levels, as the case may be, including the reasonable legal fees of both parties shall be paid by the non - prevailing party, or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of Arbitration and Mediation as may be determined by the court on confirmation. ARTICLE 36. APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party. concerning this Agreement. or arising out of this Agreement. shall be brought in Miami -Dade County, Florida. Each part shall bear its own attomey's fees except in actions arising out of Contractor's duties to indemnify the City under this Agreement where Contractor shall pay the City's reasonable attorney's fees. ARTICLE 37. PERDIITS AND LICENSES ( "PERMITS ") Except as otherwise provided within the Agreement, all permits and licenses required by i� 21