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within 30 days after it is submitted, or (iii) Owner fails for 3 . gives written notice to the other party of their 30 days to pay Contractor any sunt finally determined to intent to submit the Claim to a court of competent be due, then Contractor may, upon seven days written jurisdiction . notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner ARTICLE 17 - MISCELLANEOUS payment on the same terms as provided in Paragraph 15 .03 . B. In lieu of terminating the Contract and without 17.01 Giving Notice prejudice to any other right or remedy, if Engineer has A . Whenever any provision of the Contract Documents failed to act on an Application for Payment within 30 requires the giving of written notice, it will be deemed to days after it is submitted, or Owner has failed for 30 days have been validly given if: to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner I . delivered in person to the individual or to a and Engineer, stop the Work until payment is made of all member of the firm or to an officer of the corporation such amounts due Contractor, including interest thereon. for whom it is intended, or The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under 2 . delivered at or sent by registered or certified Paragraph 10.05 for an adjustment in Contract Price or mail, postage prepaid, to the last business address Contract Times or otherwise for expenses or damage known to the giver of the notice. directly attributable to Contractor's stopping the Work as permitted by this Paragraph. 17.02 Computation of Timer A. When any period of time is referred to in the Contract ARTICLE 16 - DISPUTE RESOLUTION Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a 16.01 Methods and Procedures day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the A . Either Owner or Contractor may request mediation of computation. any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and 17.03 Cumulative Remedies binding. The mediation will be governed by the Construction Industry Mediation Rules of the American A. The duties and obligations imposed by these General Arbitration Association in effect as of the Effective Date Conditions and the rights and remedies available of the Agreement. The request for mediation shall be hereunder to the parties hereto are in addition to, and are submitted in writing to the American Arbitration not to be construed in any way as a limitation of, any Association and the other party to the Contract. Timely rights and remedies available to any or all of them which submission of the request shall stay the effect of are otherwise imposed or available by Laws or Regula- Paragraph 10.05 . E. tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of B. Owner and Contractor shall participate in the this Paragraph will be as effective as if repeated mediation process in good faith. The process shall be specifically in the Contract Documents in connection with concluded within 60 days of filing of the request. The each particular duty, obligation, right, and remedy to date of termination of the mediation shall be determined which they apply. by application of the mediation rules referenced above. 17.04 Survival of Obligations C. If the Claim is not resolved by mediation, Engineer' s action under Paragraph 10.05 .0 or a denial pursuant to A. All representations, indemnifications, warranties, and Paragraphs 10.05.C.3 or 10.05 .D shall become final and guarantees made in, required by, or given in accordance binding 30 days after termination of the mediation unless, with the Contract Documents, as well as all continuing within that time period, Owner or Contractor: obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the 1 . elects in writing to invoke any dispute resolution Work or termination or completion of the Contract or process provided for in the Supplementary termination of the services of Contractor. Conditions, or 17 .05 Controlling Law 2. agrees with the other party to submit the Claim to another dispute resolution process, or A . This Contract is to be governed by the law of the state in which the Project is located. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EXEC. All rights reserved. 00700 - 41