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40 <br />40 <br />9.6 Clamm Resaloft n. <br />(a) Disputed Claims between the County and the Dodgers shall be resolved first by negotiation <br />of the parties, and if such negotiation does not resolve any disputed Claim, such Claim shall be submitted <br />to arbitration for resolution. Disputed claims between the Design Build Firm and the Dodgers shall be <br />resolved in accordance with the Design Build Agreement. <br />(b) Any unresolved Claim arising out of or relating to this Agreement shall be resolved by <br />expedited arbitration administered by the American Arbitration Association ("AAA") as provided in this <br />Section and the Commercial Arbitration Rules of the AAA (the "AAA Rules") in effect as of the <br />commencement of the applicable arbitration proceeding, except to the extent the then current AAA Rules <br />are inconsistent with the provisions of this Section, in which event the terms hereof shall control. The <br />arbitration shall be governed by the United States Arbitration Act and the Florida Arbitration Code to the <br />extent the Florida Arbitration Code is not inconsistent with the United States Arbitration Act and this <br />Section, and judgment upon the award entered by the arbitrators may be entered in any court having <br />jurisdiction. <br />{ cl Anyarbitration pursuant to this Section shall be conducted in Indian RiverCounty, Florida. <br />(d) (i) The arbitration shall be conducted by one (1) arbitrator in accordance with the <br />AAA Rules for Expedited Procedures, which arbitrator shall be selected in accordance with the AAA <br />Rules for Expedited Procedures, and which arbitrator shall have had experience in large-scale commercial <br />construction. <br />60 In connection with any arbitration proceeding: (A) No arbitrator shall have been <br />employed or engaged by a party hereto or its construction consultants within the previous five (5) year <br />penod. (B) The arbitrator shall be neutral and independent of the parties to this Agreement and their <br />respective construction consultants; (C) No arbitrator shall be affiliated with either party's auditors; and <br />(l3) No arbitrator shal l have a conflict of interest with (including, without limitation, any bias towards or <br />against) a pasty° hereto or its then current construction consultants. <br />{ e i The award of the arbitrator shall be accompanied by a statement of the reasons upon which <br />the award is based. The arbitrator shall not have the power to niodih, this Agreement. The award may <br />not include, and the parties specifically waive, any award of punitive damages. The fees and costs of the <br />arbitrator shall be home equally by the parties. <br />(f) The arbitrator may consolidate proceedings with respect to any Clain under this Agreement <br />with proceedings with respect to any related controversy, provided that any parties to such controversy <br />who are not parties to this Agreement consent to such consolidation. <br />( gl The parties will cooperate in the exchange of documents relevant to any Claim. Reposition <br />20 <br />IMIM <br />