Courthouse Square Agreements (compiled notebook)

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7.1 If any dispute or difference shall arise between the Architect and Owner ith respect to any matter or thing arising out of, or in any way relating to this Agreement, both parties are encouraged to resolve that dispute through mediation using the then effective mediation rules of Ar itration Service of ~ Portland, Inc. 7.2 If any dispute or difference which concerns a claim of $30,000 or less shal arise between the Architect and Owner with respect to any matter or thing arising out of, or in any w y relating to this Agreement, each party, at such party's option, shall have the right to require that such laim, controversy or dispute between the parties arising out of or relating to the agreement be determin by arbitration in accordance with the then effective arbitration rules of Arbitration Services of Portl nd, Inc., and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having ~urisdiction thereof. If litigation has been commenced in court for the purpose of prot cting any right of that party, the arbitration provision is not waived except when: 1) the party who is the defendant or respondent in such litigation shall be deem d to have waived its option to arbitrate said dispute if such party files a general appearance in the litigation prior to ~ling a claim in arbitration m the matter specified above; and 2) the plaintiff or petitioner in such litigation will be deemed to have waived i s right to arbitrate said dispute if such party fails to file a claim for arbitration in the mann r specified above within sixty (60) days after a general appearance in the litigation has been filed by the pazty who is the defendant or respondent in the litigation. If either party properly exercises its option to arbitration, arbitration of such dispute hall be mandatory and any pending litigation shall be stayed. The award of the arbitrators shall be in writing. The Architect or the Owner shall ha e all rights arising under Oregon law regarding any arbitration award under this Agreement. 'I ~ 7.3 In addition to Paragraph 7.2, the Architect and Owner agree to join in ne arbitration all persons or parties with claims relating to or arising out of the same transaction, occu ence, or series of transaction or occunences as the dispute between the Owner and Architect, if there is a common question of law or fact. 8.1.1 In the event this Agreement is terminated due to the fault or convenience f the Owner, the Architect shall be entitled to receive compensation for the portion of his fee th n earned and all substantiated Reimbursable Expenses incuned as of the date of termination, together ith an additional amount equal to 1/lOth of the amount he would otherwise be entitled to receive in equi able consideration of a reasonable profit and overhead attributable to the services already performed. 8.2.1 Upon such resumption, the Architect shall promptly recommence perform$ng its obligations under this Agreement. I 8.3 This Agreement may be terminated by the Owner at any time, without cause and for its convenience, upon written notice to the Architect. 8.5.1 In the event of any dispute concerning payment for services and expenses, t Owner shall pay any undisputed amount due as provided by this Agreement. Any disputed amoun withheld by the Owner, which is subsequently paid to the Architect, shall bear interest at the statutory rate from the date payment was due until paid. 10.3.1 The Owner and Architect acknowledge and agree that as of has paid the Architect sums totaling Dollars (~ comprised of Dollars ($ ) paid as amount to be paid for Basic Compensation under Paragraph 11.2, and 1997, the Owner vhich amount is l payment of the Dollars ~ Courthouse Square Project Architect Agreement Supplemental Provisions Page - 3