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§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if
<br /> any, of the nature and amount of the Claim . If the Claim relates to a possibility of a Contractor ' s default, the Owner
<br /> may, but is not obligated to, notify the surety and request the surety' s assistance in resolving the controversy.
<br /> § 15.28 _If a Claim relates to or is the subject of a mechanic' s lien, the party asserting such Claim may proceed in
<br /> accordance with applicable law to comply with the lien notice or filing deadlines.
<br /> § 15.3 MEDIATION
<br /> § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those
<br /> waived as provided fornin Sections 9. 10 .4, 9 . 10. 5 , and 15 . 1 .6 shall be subject to mediation as a condition precedent
<br /> to Binding dispute resolution.
<br /> I Milt
<br /> It
<br /> § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
<br /> otherwise, shall be administered by the American Arbitration Association in accordance with its Construction-
<br /> Industry Mediation Procedures: in effect on the date of the Agreement. A request for mediation shall be made in
<br /> writing, delivered to the otherHarty to the Contract, and filed with the person or entity administering the mediation.
<br /> The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event,
<br /> mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending
<br /> mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the
<br /> All
<br /> parties or court order, If an arbitration is stayed pursuant to this Section 15 . 3 .2, the parties may nonetheless proceed
<br /> to the selection of the: Arbitr61 ator(s) and agree upon a schedule for later proceedings.
<br /> § 15.3.3 The parties shall share the mediator ' s fee and any filing fees equally. The mediation shall be held in the
<br /> place where the Projectxis located, unless another location is mutually agreed upon. Agreements reached in
<br /> mediation shall be enforceable' as settlement agreements in any court having jurisdiction thereof.
<br /> § 15.4 ARBITRATION
<br /> § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any
<br /> Claim subject: to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually
<br /> agree otherwise, shall beradministered by the American Arbitration Association in accordance with its Construction
<br /> Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing,
<br /> delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The
<br /> party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on
<br /> 61 I 'llwhich arbitration is permitted to be demanded.
<br /> § 15.4.1 .1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
<br /> lilt .1
<br /> mediation, but in no event shall it be `made after the date when the institution of legal or equitable proceedings based
<br /> it . 11 1on the Claim would be barred by the , applicable statute of limitations. For statute of limitations purposes, receipt of a
<br /> wrimia
<br /> tten demand for arbitration by the person or entity administering the arbitration shall constitute the institution of
<br /> legal or equitable proceedings based on the Claim.
<br /> § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
<br /> accordance with applicable law is any court having jurisdiction thereof.
<br /> § 15.4.3 The foregoing ageement to arbitrate and other agreements to arbitrate with an additional person or entity
<br /> duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court
<br /> having jurisdiction thereof.
<br /> I 'V § 15.4.4 CONSOLIDATION OR JOINDER
<br /> § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
<br /> other arbitration to which it is a party provided that ( 1 ) the arbitration agreement governing the other arbitration
<br /> permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact,
<br /> an (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
<br /> § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
<br /> common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
<br /> provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an
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