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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ARTICLE XV WAIVER OF JURY TRIAL 15.1 City and Contractor hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract, arising out of, under, or in connection with the construction of the Work, or any course of conduct, course of dealing, statements (whether verbal or written) or the actions or inactions of any party. ARTICLE XVI ARBITRATION 16.1 Any dispute, controversy or claim arising out of or relating in any way to the Contract, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Contract, shall be exclusively resolved by binding arbitration upon a Parry's submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the Contract, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. 16.2 This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. 16.3 The arbitration shall be conducted by one (1) arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty (20) days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association ("AAA") in accordance with the terms of this Article XV. 16.4 The arbitrator shall have ten (10) years of experience in construction disputes and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration. 16.5 The arbitration shall be conducted in accordance with the Commercial Rules of the AAA. 16.6 The arbitration shall be conducted in Miami -Dade County, Florida. 16.7 The laws of the State of Florida shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. 16.8 It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty (120) days from the date the COMUCH ENGINEERING, INC. 38