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within 30 days after it is submitted , or ( III ) Owner Owfails for 31 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 notice to Owner and Engineer, and provided Owner or jurisdiction . Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph ARTICLE 17 - MISCELLANEOUS 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 and Engineer, stop the Work until payment is made of all 1 • delivered in person . to the individual or to a member of the firm such amounts due Contractor, including interest thereon , e to an officer of the corporation for whom it is intende The provisions of this Paragraph 15 . 04 are not intended to d , or 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 mall , Postage prepaid , to the last business address Contract Times or otherwise for expenses or damage directly attributable to Contractor ' s stopping the Work as known to the giver of the notice. permitted by this Paragraph . 17 . 02 Computation of Times ARTICLE 16 - DISPUTE RESOLUTION A . When any period of time is referred to in the Contract 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 A . Either Owner or Contractor may request mediation of Jurisdiction , such day will be omitted from the any Claim submitted to Engineer for a decision under computation . Paragraph 10 . 05 before such decision becomes final and binding . The mediation will be governed by the 17 . 03 Cumulative Remedies 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 of the Agreement . The request for mediation shall be Conditions and the rights and remedies available 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 mediation process in good faith . The process shall be this Paragraph will be as effective as if repeated 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 the a I by application of the mediation rules referenced above. y pp y C . If the Claim is not resolved by mediation , Engineer ' s 17 . 04 Survival of Obligations 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 after termination of the mediation unless, guarantees made in , required by , or given in accordance binding 30 days a 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 I . 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 2 . agrees with the other party to submit the Claim 17 . 05 Controlling Laiv 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