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18-20452
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18-20452
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Last modified
3/18/2019 7:49:54 AM
Creation date
3/18/2019 7:49:53 AM
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Building Department
Company Name
MEADOWOOD ESTATES
Building Department - Doc Type
Permit
Permit #
18-20452
Building Department - Name
SOUTHEAST PROPERTY ACQUISITIONS
Address
39736 MEADOWOOD LP
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That any unresolved controversy or claim arising out of or relating to this Contract,or breach thereof,shall be settled by arbitration <br /> administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules and judgment <br /> on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.The statute of limitations on <br /> all disputes which arise from or relate to this Contract or a breach thereof shall.be one(1)year,from the date of signing Roof <br /> Replacement Contract.Claims shall be heard by a panel of three(3)arbitrators.The mediator shall not he empanelled as an arbitrator. <br /> The place of arbitration shall be Atlanta.Georgia.The arbitration shall he governed by the laws of the State of Georgia.All deposits, <br /> fees and expenses of the mediation and/or arbitration,including required traveling and other expenses or charges of the mediator <br /> and/or arbitrator,shall be home by the initiating party. Depositions shall be limited to a maximum of twenty-five(25)per party and <br /> shall be held within one hundred eighty(180)clays of the making of a request.Additional depositions may be scheduled only with the <br /> permission of the arbitrators,and for good cause shown.Each deposition shall be limited to a maximum of 8 hours duration. <br /> Any dispute regarding,discovery or the relevance or scope..thereof,shall be determined by the arbitrators,which determination shall <br /> be conclusive.The arbitrators will have no authority to award punitive,consequential or other damages not measured by the <br /> prevailing party's actual damages,except as may be required by statute.In no event shall an award in arbitration exceed the amount <br /> of the Roof Replacement Contract.Any award in an arbitration initiated under this clause shall be limited to monetary damages <br /> and shall include no injunction or direction to any party other than.the direction to pay a monetary amount.The award shall not include <br /> pre or post-judgment interest.The award of,the arbitrators.shall.he accompanied by a•reasoned opinion.Notwithstanding any language <br /> to the contrary in the contract documents. the parties hereby agree that the Underlying Award may be appealed pursuant to the <br /> F <br /> AAA's Optional Appellate Arbitration Rules("Appellate Rules");that the Underlying Award rendered by the arbitrator(s)shall, <br /> at a minimum,be a reasoned award;and that the Underlying Award shall not be considered final until after the time for filing the notice <br /> of appeal pursuant to the Appellate Rules has expired.Appeals must he initiated within thirty(30)days of receipt of an Underlying <br /> Award,as defined by Rule A-3 of the.Appellate Rules,by filing a Notice of Appeal with any AAA office.Following the appeal <br /> process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.Except as required by law, <br /> neither party nor an arbitrator may disclose the existence,content or results of any arbitration hereunder without the written consent <br /> of both parties.Should either party disclose the existence,content or results of any arbitration hereunder.that party shalt forfeit <br /> and-and all damages awarded as a result of arbitration., <br /> 20.DAMAGES:TO THE EXTENT PERMITTED BY LAW,IN NO EVENT SHALL COMPANY,ITS OFFICERS,DIRECTORS,.SHAREHOLDERS, <br /> REPRESENTATIVE,EMPLOYEES,ATTORNEYS,AFFILIATED ENTITIES OR INSURERS BE LIABLE TO OWNER FOR ANY INCIDENTAL,INDIRECT, <br /> PUNITIVE,SPECIAL OR CONS EQUENTIAL.DAMAGES ARISING OUT OF OR RELATED TO THE PERFORMANCE.NONPERFORMANCE OR, <br /> TERMINATION OF CONTRACT. <br /> Guru Signature Customer Signature <br /> Rene -Diaz Gj <br />
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