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26. ARBITRATION CLAUSE <br />All claims or disputes between the OWNER and CONTRACTOR arising out of or related <br />to the work shall be decided by arbitration in accordance with the construction industry arbitration <br />rules of the American Arbitration Association, unless the parties mutually agree otherwise. Initial <br />arbitration fees will be paid in equal shares by the OWNER and CONTRACTOR, unless otherwise <br />agreed to by the parties. The OWNER and CONTRACTOR shall submit all disputes or claims, <br />regardless of the extent of the work's progress, to unless the <br />parties mutually agree otherwise. Notice of demand for arbitration shall be tiled in writing with the <br />other party to this Contract, and shall be made within a reasonable time after the dispute has arisen. <br />The award rendered by the arbitrator shall be final, and judgment may be entered upon it in <br />accordance with applicable Iaw in any court having jurisdiction thereof. If the arbitrator's award is <br />in a sum which is less than that which is offered in settlement by the CONTRACTOR, the arbitrator <br />may award costs and arbitration related attorney's fees in favor of the CONTRACTOR. If the <br />award of the arbitrator is in a stun greater than that which was offered in settlement by the OWNER, <br />the arbitrator may award costs and arbitration -related attorney's fees in favor of the OWNER. <br />27. ATTORNEY'S FEES <br />Should any litigation be commenced between the parties to this Contract concerning the <br />work which is the subject of this Contract any provision of this Contract, or the rights and <br />obligations of either in relation thereto, the party prevailing in the litigation shall be entitled, in <br />addition to such other relief as may be granted, to a reasonable sum as and for the partys attorneys <br />fees in the litigation. <br />28. TIME OF ESSENCE <br />The limits stated in this Contract are of the essence of this Contract. <br />29. GENDER AND NUMBER <br />As used herein, the masculine shall include the feminine and masculine, and the singular <br />shall include the plural. <br />30. EXCLUSIVITY OF CONTRACT <br />This Contract supersedes any and all other agreements, either oral or in writing, between the <br />parties hereto with respect to employment of CONTRACTOR by OWNER, and contains all the <br />covenants and conditions between the parties with respect to employment of CONTRACTOR by <br />OWNER, and contains all the covenants and conditions .between the parties with respect to such <br />employment in any manner whatsoever. Each party to this Contract, acknowledges that no <br />representations, inducements, promises, or agreement, orally or otherwise, have been made by any <br />party, or anyone acting on behalf of any party, which are not embodied herein, and that any other <br />agreement or amendment to this Contract shall be effective only if executed in writing and signed <br />by OWNER and CONTRACTOR and approved by the Agency. <br />Exhibit "R" 7 <br />