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2011-024
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2011-024
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Last modified
1/12/2016 1:07:35 PM
Creation date
10/1/2015 1:35:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/07/2011
Control Number
2011-024
Agenda Item Number
none
Entity Name
Timothy Rose Contracting
Indian River Land Trust
Subject
Lagoon Greenway Phase 1 Construction Agreement
Area
Flinn Tract Florida Inland Navitgation District
Supplemental fields
SmeadsoftID
9231
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to the Engineer, either personally or by registered mail to the last known address of each , of the <br /> time and place for the beginning of the hearings of the matters submitted to them . Each party ay <br /> submit to the arbitrators such evidence and argument as he may desire, and the arbitrators ay <br /> consider pertinent. The arbitrators shall , however, be the judges of all matters of laws an act <br /> relating to both the subject matters of and the procedure during arbitration and shall n e found <br /> by technical rules of law or procedure . <br /> They may hear evidence in whatever form they desire. The parties may be rep r ented before <br /> them by such persons as each may select, subject to the disciplinary power a arbitrators if <br /> such representative shall interfere with the orderly or speedy conduct of th roceedings . <br /> Each party and the Engineer shall supply the arbitrators with such pa and information as they <br /> may demand , or with any witness whose movements are subject to eir respective control , and <br /> upon refusal or neglect to comply with such demands the arbitra may render their decision <br /> without the evidence which might have been elicited therefro d the absence of such evidence <br /> shall afford no grounds for challenge of the award by the pa refusing or neglecting to comply <br /> with such demand . <br /> The submission to arbitration (the statement of the ers in dispute between the parties to be <br /> passed upon by the arbitrators) shall be in writing y acknowledged before a notary. Unless <br /> waived in writing by both parties to the arbitratio he arbitrators , before hearing the testimony, <br /> shall be sworn in by an officer authorized by I to administer an oath , faithfully and fairly to hear <br /> and examine the matters in controversy an make a just award according to the best of their <br /> understanding . <br /> The arbitrators , if they deem the ca demands it, are authorized to award to the party, whose j <br /> contention is sustained, such su s they shall consider proper for the time , expense and trouble <br /> incident to the arbitration , and i e arbitration was demanded without reasonable cause, <br /> damages for delay and other sses . The arbitrators shall fix their own compensation unless <br /> otherwise provided by agr ant and shall assess the costs and charges of the arbitration upon <br /> either or both parties . T award of the arbitrators shall be in writing and acknowledged like a <br /> deed to be recorded , d a duplicate shall be delivered personally or by registered mail , forthwith <br /> upon its rendition t ach of the parties to the controversy and to the Engineer. <br /> The award of arbitrators shall not be open to objections on account of the form of the <br /> proceeding the award , unless otherwise provided by the controlling statutes. <br /> In the nt of such statutes providing on any matter covered by this article otherwise than as <br /> here ' efore specified , the method or procedure throughout and the legal effect of the award shall <br /> be oily in accord with said statues , it being the intention hereby to lay down a principle of action <br /> e 11 followed , leaving its local application to be adapted to the legal requirements of the <br /> GC- 12 <br />
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