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<br /> I Owner shali furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. ��,
<br /> § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.21, the Contractor shall '
<br /> not be entitled to receive further payment until the Work is finished. ,
<br /> § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for i
<br /> the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not '
<br /> expressly waived, such excess shall be paid to the Cantractor. If such costs and damages exceed the unpaid balance,
<br /> the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractar or Owner, as the case '
<br /> may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive ternunation
<br /> ofthe Contract.
<br /> § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE
<br /> The Ownerinay, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor ;
<br /> shall be entitled to receive_payment far Work executed, and costs incurred by reason of such termination, along with
<br /> reasonable overhead and profit on the Work not executed.
<br /> ARTICLE 21 CLAIMS AND DISPUTES
<br /> § 21.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those
<br /> alleging an error or omission by the Architect but excluding thase arising under Section 16.2, shall be referred initially
<br /> to the Architec[ for decision. Such matters, except those waived as provided for in Section 21.8 and Sections 15.5.3 �
<br /> and 15,5,4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be I
<br /> subject to mediation as a condition precedent to binding dispute resolution.
<br /> § 21.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the patty asserting
<br /> such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. i
<br /> § 21.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree I
<br /> otherwise, shall be administered by the American Arbitration Association in accordance with their Construction �
<br /> Industry Mediation Procedures in effect on the date of the Agreem�t. A request for mediation shall be made in
<br /> writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. i
<br /> The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed
<br /> in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
<br /> from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitratian is
<br /> stayed pursuant tothis Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon
<br /> a schedule for later proceedings.
<br /> § 21,4 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any claim,
<br /> subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree i
<br /> otherwise, shall be administered by the American Arbitration Association, in accordance with the Construction
<br /> Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be made in writing,
<br /> delivered to the other party to the Contract, and flled with the person or entity administering the arbitration. The award
<br /> rendered by the arbitrator or arbitrators shall be final, and judgrnent may be entered upon it in accordance with
<br /> applicable law in any court having jurisdiction thereof.
<br /> § 21.5 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
<br /> other arbitradon to which it is a party provided that (1) the arbitration ageement governing the other arbitration
<br /> permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
<br /> and (3) the arbitrations employ mat�ially similar procedural rules and methods for selecting arbitrator(s).
<br /> § 21.6 Any party to an arbitration may include by j oinder persons or entities substantially involved in a common
<br /> question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the
<br /> party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or
<br /> entity shall not constitute consent to arbitration of a Claim not described in the written Consent.
<br /> i
<br /> AIA Document A107^" — 2007. Co ri ht m 1836 1851 1958 1961 1963 1888 9 0 9 II
<br /> Init. Py 9 m � , , 1 7 1 74, 1978, 1987, 1997 and 2007 by The Ameriean Institute of Architects.
<br /> All rlgfits reserved. WARNING: Thls AIA Document Is protected by U.S. Copyrlght Law and International Treatlea. Unauthorizod reproduetion or � 7
<br /> dlatributbn of thia AIA Document, ar any portion of it, may roault in savera civil and criminal penalties, and will be prosseuted to the maximum axtent
<br /> � poas161e underthe law. This documentwas produced by AIA software at 14:59;28 on 04/O5/2011 under Order No.4716495922 1 whieh expiros on 10/28/2D11,
<br /> and is notfor resale.
<br /> User Notes: (1630881889J
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