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.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
<br />business and reputation, and for loss of management or employee productivity or of the services of
<br />such persons; and
<br />.2 damages incurred by the Design -Builder for principal office expenses including the compensation of
<br />personnel stationed there, for losses of financing, business and reputation, and for loss of profit
<br />except anticipated profit arising directly from the Work.
<br />This mutual waiver is applicable, without limitation, to all consequential damages due to eitr party's termination
<br />in accordance with Article 13. Nothing contained in this Section 14.1.7 shall be deemed to 4�clude an award of
<br />liquidated damages, when applicable, in accordance with the requirements of the Design-Bu�l�dDo:cunlents.
<br />§ 14.2 Initial Decision r
<br />§ 14.2.1 An initial decision shall be required as a condition precedent to mediation of all Clams between the Owner
<br />and Design -Builder initiated prior to the date final payment is due, excluding those arising �:,,�,er Sections 10.3 and
<br />10.4 of the Agreement and Sections B .3.2.9 and B .3.2.10 of Exhibit B to this Agreement, urlss 30 days have
<br />passed after the Claim has been initiated with no decision having been rendered. Unless otherwise mutually agreed
<br />in writing, the Owner shall render the initial decision on Claims.
<br />§ 14.2.2 Procedure
<br />§ 14.2.2.1 Claims Initiated by the Owner. If the Owner initiates a Claim, the Design -Builder shad ip"i vide a written
<br />response to Owner within ten days after receipt of the notice required under Section 14.1.3 111,. 1 -p eafter, the Owner
<br />shall render an initial decision within ten days of receiving the Design -Builder's response: (l w thdrawing the
<br />Claim in whole or in part, (2) approving the Claim in whole or in part, or (3) suggesting a cc mp no 61.
<br />§ 14.2.2.2 Claims Initiated by the Design -Builder. If the Design -Builder initiates a Claim, the Owner wl.111,take one or
<br />more of the following actions within ten days after receipt of the notice required under Section 14. 3 . : (1) request
<br />additional supporting data, (2) render an initial decision rejecting the Claim in whole or in part, O redder an initial
<br />decision approving the Claim, (4) suggest a compromise or (5) indicate that it is unable to ren&'r . r initial decision
<br />because the Owner lacks sufficient information to evaluate the merits of the Claim.
<br />}
<br />14.2.3 In evaluating Claims, the Owner may, but shall not be obligated to, consult with or seek ink rmation from
<br />persons with special knowledge or expertise who may assist the Owner in rendering a decision Ther.retention of
<br />such persons shall be at the Owner's expense.
<br />§ 14.2.4 If the Owner requests the Design -Builder to provide a response to a Claim or to furnish additional
<br />supporting data, the Design -Builder shall respond, within ten days after receipt of such request, and shall either (1)
<br />provide a response on the requested supporting data, (2) advise the Owner when the response± or § P:, po
<br />sting data will
<br />be furnished or (3) advise the Owner that no supporting data will be furnished. Upon receipt q tic re§ponse or
<br />supporting data, if any, the Owner will either reject or approve the Claim in whole or in part .F
<br />§ 14.2.5 The Owner's initial decision shall (1) be in writing; (2) state the reasons therefor; and. (3) identify any
<br />change in the Contract Sum or Contract Time or both. The initial decision shall be final andl g on the parties
<br />but subject to mediation and, if the parties fail to resolve their dispute through mediation, to.] iin g d spute
<br />resolution.
<br />§ 14.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 14.2.6.1.
<br />§ 14.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in wrln;g= thAthe other party
<br />file for mediation within 60 days of the initial decision. If such a demand is made and the paw receiving the
<br />demand fails to file for mediation within the time required, then both parties waive their rigl�t:0. to mediae or pursue
<br />binding dispute resolution proceedings with respect to the initial decision.
<br />§ 14.2.7 In the event of a Claim against the Design -Builder, the Owner may, but is not oblig id to, notify the surety,
<br />if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Desig;Budder' default, the
<br />Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving thb controversy.
<br />AIA Document A1411m - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA
<br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAV Document, 31
<br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
<br />law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is
<br />not for resale.
<br />User Notes: (3B9ADA54)
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