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Van Fleet Water Production Facility Improvements BVP 13-196 ARTICLE 18—DISPUTES 18.1 All disputes arising under this Contract or its interpretation whether involving law, fact or both, or extra work, and all claims for alleged breach of contract, shall within ten (10) working days of the commencement of the dispute be presented by the Contractor to the County for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by the County of notice thereof. Each decision by the County will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed to the Contractor's last known address. 18.1.1 If the Contractor does not agree with any decision of the County, the Contractor shall seek mediation by a certified circuit court civil mediator who will be agreed to by the parties or, if the parties cannot agree to a mediator within thirty (30) calendar days of the request for mediation, said mediator y will be chosen by the Contractor. Any mediation will be held in Polk County, unless otherwise agreed to by the County. The parties will cooperate in good faith with the mediator with the cost of the mediator split equally between the parties, if the mediator is agreed upon, and by the Contractor if agreement on the mediator cannot be reached. 18.1.2 If the Contractor does not agree with any decision of the County, or the mediation is unsuccessful, the Contractor shall in no case allow the dispute to delay the Work but shall notify the County promptly that the work proceeding under protest and that the matter in question may be excepted from the final release. ARTICLE 19—MISCELLANEOUS 19.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the notice. 19.2 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 day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 19.3 Should the County or the Contractor suffer injury or damage to its person or property because of any error, omission or act of the other or of any of their employees, agents or others for whose acts they may be legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 19.4 All representations, warranties and guarantees made in the contract documents will survive final payment and termination or completion of the agreement. Also, the obligation of the Contractor to maintain the work until initiation of operation shall survive final payment, termination or completion of the Contract. 90 1-1 't ' 10