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"All references to "Arbitration" in Section 1 S.4 shall be considered permissive <br /> and not mandatory. The Owner shall, in its sole discretion, have the right and <br /> option to enforce any claim it may have against the Contractor . . . through <br /> litigation. " It has been rare, but when we have been involved in arbitration or <br /> litigation, both sides pay their own costs during the process. The decision by the <br /> arbitrator or the court then includes whether one side pays the other sides costs or <br /> both sides pay their own costs. <br /> Council Action Requested: Council directive on whether or not to proceed with <br /> the liquidated damages amount of$6,500 against Boser Construction Inc. for the <br /> Maintenance Facility Project. <br />