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to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days <br />written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such <br />suspension or failure within that time, terminate the Contract and recover from Owner payment <br />on the same terms as provided in Paragraph 15.03. <br />B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer <br />has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has <br />failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven <br />days after written notice to Owner and Engineer, stop the Work until payment is made of all such <br />amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are <br />not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an <br />adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly <br />attributable to Contractor's stopping the Work as permitted by this Paragraph. <br />ARTICLE 16 - DISPUTE RESOLUTION <br />16.01 Methods and Procedures <br />A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a <br />decision under Paragraph 10.05 before such decision becomes final and binding. The mediation <br />will be governed by the Construction Industry Mediation Rules of the American Arbitration <br />Association in effect as of the Effective Date of the Agreement. The request for mediation shall <br />be submitted in writing to the American Arbitration Association and the other party to the <br />Contract. Timely submission of the request shall stay the effect of Paragaph 10.05.E. <br />B. Owner and Contractor shall participate in the mediation process in good faith. The process shall <br />be concluded within 60 days of filing of the request. The date of termination of the mediation <br />shall be determined by application of the mediation rules referenced above. <br />C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial <br />pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after <br />termination of the mediation unless, within that time period, Owner or Contractor: <br />1. elects in writing to invoke any dispute resolution process provided for in the Supplementary <br />Conditions; or <br />2. agrees with the other party to submit the Claim to another dispute resolution process; or <br />3. gives written notice to the other party of the intent to submit the Claim to a court of <br />competent jurisdiction. <br />ARTICLE 17 - MISCELLANEOUS <br />17.01 Giving Notice <br />A. Whenever any provision of the Contract Documents requires the giving of written notice, it will <br />be deemed to have been validly given if: <br />EJCDC C-700 Standard General CondiHons of the Construction Contract <br />Copyright (D 2007 National Society oS Professional Engineers for EJCDC. Ail rights reserved. <br />Page 61 of 62 <br />