2011-249 - Laserfiche WebLink

Home Browse Search

§ 6 . 3 Demand fGF arbitration shall be filed On writing with the other party te this Part4 Agreement and with the ArneriGan Arbitration As $GGiatien-;-A demand or arbitratien-shalt be- Y ] �� u Wothon a reasonable tirne after the Glaim , dispute or other matter in question has. ariS8R . 1r; ne event 6hall the demand fer aFbffitFat; en be made after the date when nstitution of legal or equitable PFGGeedings based on suGh Glaim , dispute or other matter in question would be barred by the app " Gable 6tatutes of repose OF limitations . § 6A An arbitration pursuant to this S. eGtion may be joined with an arbitFatien involving GGFr1MGn ssues of law or faGt between the DesigR!BuildeF and any I entity with arbitFatoon aFising out of or relat 0 ng to this Part 1 Agreement shall ffiRGlude , by Gen6ol * dafioni joinder eF an any other manner , an additional peFSE) R or entity not a party to u+lder;exsepf by lent with the Desig written Owner , the Design /BuildeF and all other persons OF eRtities seught to be jeened . Consent, tA. .;ub "tratmon involving an additional person er eRtity shall not Gonsfitute GenseRt t9 arhNtrntion of any Glairn , dispute or other matter in question not desGribed OR the written therein , TTrheforegoing agreement to arbitrate and other agreemen 6 ts to arbitrate with an addit a enal person e entity dUly Gonsented to by the parties te th s Part 1 Agreement .; hall be speGiftally enforceable-4n asserdanG § 6 . 5 The award rendered 1c rrdere be entered upon it a n aGGGFdanGe with appliGable law On any GGUFt having jurisdiGto thereof. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7 . 1 This agreement shall be construed according to the laws of the State of Florida . Venue for any lawsuit brought by any party arising from this agreement shall be in Indian River County , Florida or in the event of federal jurisdiction the US District Court for the Southern District of Florida . Wriless ethepqrse provided , this Part 1 Agreement shall be governed by the law of the plac;e where t § 7 . 2 The Owner and the Design /Builder, respectively , bind themselves , their partners , successors , assigns and legal representatives to the other party to this Part 1 Agreement and to the partners , successors and assigns of such other party with respect to all covenants of this Part 1 Agreement . Neither the Owner nor the Design/Builder shall assign this Part 1 Agreement without the written consent of the other. § 7 . 3 Unless otherwise provided , neither the design for nor the cost of remediation of hazardous materials shall be the responsibility of the Design/ Builder . § 7 . 4 This Part 1 Agreement represents the entire and integrated agreement between the Owner and the Design/ Builder and supersedes all prior negotiations , representations or agreements , either written or oral . This Part 1 Agreement may be amended only by written instrument signed by both the Owner and the Design/Builder. 9