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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 sum 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 . 17 . 01 Giving Notice B . In lieu of terminating the Contract and without 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 1 . 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 Times 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 b4ethods 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 . 1) 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 Lcnv 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 EJCDC . All rights reserved. 00700 - 41