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subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either parly. 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree othenvise, shall be in aaordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effecL Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 4.53 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as setUement agreements in any court having jurisdiction thereof. 4.6 ARBITRATION 4.6.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect aud except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.1o.5, shall, afler decision by the Archited or 3o days aker submission of the Claim to the Architect, be subjed to arbiiration. Prior to arbitxation, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Paragraph 4•5 4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currenUy in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Archited. 4.6.3 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4 4 6 and 4.6.1 as applicable, and in other cases within a reasonable time aRer the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall indude, by consolidation or joinder or in any other manner, the Architect, the ArchitecPs employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contrador as described in Artide 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubsiantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. WARNING: Unlicensed phoKKOpying violates U.S. copyright laws and will subjecf the violator to Iegal prosecufian. a IIII o o. o 00 p199] A I A 0 AIA DOCUMENT A701-1997 GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washingfon, D.C. 70006-5292