Laserfiche WebLink
<br />16.3 <br /> <br />Termination by CONTRACTOR: <br /> <br />If CITY fails to make payment thereon for a period of sixty (60) calendar days, <br />CONTRACTOR may, upon thirty (30) additional days written notice to CITY, terminate the <br />Contract and recover from the Contract payment for work executed and for proven loss with respect <br />to materials, equipment, tools and construction equipment and machinery. <br /> <br />16.4 <br /> <br />Mediation <br /> <br />16.4.1 Binding Decision. Unless the parties agree in writing at the conclusion of the mediation, any <br />decision reached under this section 16.4 shall not be final and binding upon the parties participating <br />in it. Unless otherwise agreed in writing, the parties shall continue and proceed diligently to <br />complete portions of the Project not affected by the claim(s) during dispute resolution proceedings. <br /> <br />16.4.2 Scope of Dispute Review. Any controversy or claim arising out of or relating to this <br />Agreement or any breach of it shall be, at the election of either party, subject to review under these <br />dispute resolution procedures. <br /> <br />16.4.3 Mediator. At the election of either party, the parties agree that any dispute or claim arising <br />out of or relating to performance of this Agreement shall be submitted to a mediator jointly selected <br />by City and Contractor. <br /> <br />16.4.4 Time of Claim. Claims must be brought within the applicable statute of limitations by <br />notice of a claim to the other party or parties affected thereby. Failure to bring the claim within the <br />specified time shall constitute a waiver of the party's right to assert the claim. The statute of <br />limitations shall be tolled during the mediation process. The notice of claim shall provide <br />reasonably sufficient detail of the nature of the claim and the basis for it. The mediator shall be <br />selected by the parties within twenty (20) days following the date that a party requests that the <br />selection process commence. Each mediation hearing shall be held at a location mutually approved <br />by the parties. Unless the parties otherwise agree in writing, mediation may be commenced on or <br />after the thirtieth (30th) calendar day after the mediator is selected. Each party agrees that it will <br />designate a representative, having authority to bind that party, who will attend all mediation <br />hearings. Both parties shall endeavor, in good faith, to reach a resolution of the claim during the <br />mediation. The mediator shall submit a sworn affidavit to both parties indicating that the mediator <br />has no past or present affiliation with either the CONTRACTOR or the CITY. 16.4.5 If the <br />parties cannot agree on the production of documents or exchange of other information (including <br />rules relating thereto), then the mediator shall make a determination as to the scope and nature of <br />the exchange at the initial hearing or at such later time as a party may request, but in no event later <br />than fifteen days before the mediation. <br /> <br />16.4.6 Proceeding Costs and Fees. All parties participating in the mediation shall be responsible <br />for their own costs, expenses and attorney fees necessary to pursue or defend against claim(s) raised <br />under these provisions; however, the parties shall equally share the costs of any meeting or hearing <br />place and the fees of the mediator. <br /> <br />33 <br />