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i <br />r <br />0 <br />s <br />does not wish to arbitrate or failure of Party B to notify Party A within the ten (10) day <br />period will give Party A the right to institute a court action. <br />16.3 If Party 13 agrees to arbitrate, the arbitration shall be in accordance with the Construction <br />industry Arbitration Rules of the American Arbitration Association except as modified <br />herein. In such event, the agreement to arbitrate shall be specifically enforceable under <br />the provisions of the Florida Arbitration Code, 5682, Fla. Stat., as it may be from time to <br />time amended. The award rendered by the arbitrators strali be final, and judgment may <br />be entered upon it in any court having jurisdiction thereof. <br />16.4 If Party B agrees to arbitrate, then Party A shall file its notice of demand for arbitration in <br />writing with Party B and with the American Arbitration Association, and a copy shall be filed <br />with the ENGINEER. Notice of dernand for arbitration shall be served on the parties <br />referred to herein nn Inter than thirty (30) days from the data Party B agrees to arbitrate <br />the issues in question. Failure to serve the notice of demand for arbitration shall constitute <br />a waiver and abandonment of the claims for which arbitration is sought. Notice of demand <br />for arbitration shall in no event be made on any claim, dispute or other matter in questions <br />which would be barred by the applicable statue of limitations. <br />161,5 If the dollar amount of the claim exceeds $25,000, arbitration may only be utilized if both <br />Party A and Party B agree to arbitrate. <br />16.6 The CONTRACTOR shall carry on the Work and maintain the progress schedule during <br />any arbitration proceedings, unless otherwise mutually agreed in writing. <br />16,7 The Florida 'Rules of Civil Procedure pertaining to discovery snail apply to both parties <br />durinn arbitr?tinn, and; nt the OWNFRZ"'� sole option, any and all ar"itration arising out of <br />or relating to any of the Contract Documents or any breach thereof shall include by <br />consolidation, joinder, or joint filing any additional person or entity not a party to this <br />Agreement to the extent necessary for the final resolution of the matter in controversy. <br />10.8 At least one of the members of the arbitration panel must be an attorney licensed to <br />practice law in the State of Florida. <br />16.9 The surety shall be bound by the arbitration award to the same extent as the <br />CONTRACTOR is bound. <br />16.10 The arbitration panel shall submit a written opinion with findings of fact and conclusions <br />of law stating the basis for the decision made, and including an award of arbitration that <br />may be confirmed by a court of competent jurisdiction. <br />16.11 Unless OWNER R agrees to the contrary, the location of any and all arbitration proceedings <br />shall be in the county in which the Project is located. <br />F -,.a 'k Ii <br />Giving Notice: <br />17.1 Whenever any provision of the Contract Documents requires the giving of written notice, <br />it will be doomed to have been validly given if delivered in person to the individual or to a <br />member of the firm or to an officer of the corporation for whom it is intended, or if delivered <br />at or sent by registered or certified mail, postage prepaid, to the last business address <br />known to the giver of the notice. <br />GENERAL CGNDITlONS <br />