In the event of any dispute regarding the Contractor, Architect, Engineer, and/or Owner (hereinafter referred to as party/parties for this section only) under this Agreement, the party shall notify the appropriate Owner’s Administrator in writing. The Owner’s Administrator or his designee will then attempt to negotiate a settlement of the dispute between the parties.
If the Owner’s Administrator, or designee, determines he is unable to negotiate a settlement between the parties, the parties may participate in mediation. A Mediator mutually agreed upon by the parties shall conduct the mediation process. Mediation shall be voluntary, non-binding and all proceedings in connection with such shall be subject to this Agreement and applicable provisions of Arkansas law. Any settlements arising out of the mediation process must be approved by the University of Arkansas System Office.
Notwithstanding anything to the contrary contained herein, if any dispute arises between the Parties, whether or not it requires at any time the use of dispute resolution procedures described above, in no event, nor for any reason, shall the Contractor, Architect, or Engineer interrupt the provision of services/performance to the Owner, or perform any other actions that prevents, slows down, or reduces in any way, the provisions of the Agreement unless: (a) authority to do so is granted by the Owner or (b) the Agreement has been terminated by the Owner. Nothing in these contract documents, including the use of mediation, shall be construed to waive the sovereign immunity of the State of Arkansas or any entities thereof.