09.01 Trailside Park Phase 1 Service Proposals

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Article 6 Dispute Resolution 6.1 If a dispute arises out of or relates to this Agreement, the parties shall endeavor to resolve their differences first through direct discussions between the parties or their representatives who shall have authority to settle the dispute. If the dispute has not been settled within 14 da.ys of the initial discussions, the parties shall submit the dispute to mediation in accordance with section 6.2. 6.2 If the dispute is not settled pursuant to section 6.1,before recourse to any other dispute resolution procedure,the parties shall endeavor to settle the dispute by mediation under the current Construction Industry Mediation Rules of the American Arbitration Association. The location of the mediation shall be the location of the Project.A request for mediation may be filed with the American Arbitration Association or any other mediation service acceptable to both parties. The parties agree to conclude the mediation within 60 days of filing the request. 6.3 Unless otherwise agreed in writing,the Landscape Architect agrees to continue to perform its services during any dispute resolution proceedings. If the Landscape Architect continues to perform,the Client shall continue to make payments in accordance with this Agreement for amounts not in dispute. 6.4 Appropriate provisions for consolidation shall be included in other contracts relating to the Project so that all parties necessary to resolving a claim are parties to the same dispute resolution proceeding. 6.5 Unless otherwise agreed,the cost of inediation sha11 be shared equally by the parties. 6.6 Nothing in these provisions shall limit rights or remedies not expressly waived under applicable lien laws.