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Agreement. A request for mediation sl ;all be shade in writing, delivered to the other party to the Agreement, and tiled with the person or entity administering the mediation. The request may be made concurrently with the filing of complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed Mending mediation for a period of 60 days from the date of tiling, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be Iteld in the place where Elie Project is located, useless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 if the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appc•alwiale box. 1f the Oliwei• and. clo trot select a method of bindingd1spute resolution below, or do not subsegxent1j agree in writing to cr bincling dispute msolution method otlte)• than Iffigcition. the clisperte 1411 be resolved itt a coati of competent jn isdictioit.) [ X I Arbitration pursuant to Section 83 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) § 8.3 ARBITRATION § 8.3.1 1fthe parties have selected arbitration as Elie method for binding dispute resolution ill this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by tike applicable statute of limitations. For statute of limitations purposes, receipt of a written demand For arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with all additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in ally court having jurisdiction thereof. § 8.3.3 Tile award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law ill any court having jurisdiction thereof. § 83.4 CONSOLIDATION OR JOINDER § 8.3.41 Either party, at its sale discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ Materially similar procedural rules and methods for selecting arbitrator(s). § 83,4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common qucstiotl of law or fact ivltose presence is required ifcomplete relief is to be accorded in arbitration. provided that the party sought to be joined consents in svi to such joinder. Consellt to arbitration involving an additional [nit, Al Document 8101'"' — 2007 Lormerly 13151 "' 1497]. Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American institute ofArchilecls. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction ordistrthution of 1s this Ale Document, or any portion of It, may result In severe clvil and criminal penaltles, and witl be prosecuted to the maximum extent possible under t the law. This document was produced by AIA sot[ware at 11:15:50 on 07108/2011 under Order No.8769298886_1 which expires on 0511012012, and Is not for resale. User Notes: Att en G -4 Page 263