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9.8.3 Notice of demand ror arbitration must be filed in writing with the other party 10 this Agreement and with the A.mcrican Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen and mediation as set forth in 9.8.1 has failed. In no event may the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute oflimitations. . 9.8.4 All demands for arbitration and all answering statements thereto which include any monetary claim must camain a statement that the total sum or value in controversy alleged by the party making such demand or answering statement is not more than $50,000 (exclusive of interest and costs) and the arbitrators will not have jurisdiction, power or authority to render a monetary award in response thereto against any party which totals more than $50,000 (exclusive of interest and costs). The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial or their own jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or other maner is more than $50,000 (exclusive of interest and costs). 9.8.5 No arbitration arising out of, or relating to, this Agreement may include, by consolidation,joinder or in any other manner, any person or entity who is not a party to this Agreement. 9.8.6 By written consent signed by all the parties to this Agreement and containing a specific reference thereto, the limitations and restrictions contained in paragraphs 9.8.4 and 9.8.5 may be waived in whole or in part as to any claim, counterclaim, dispute or other matter specifically described in such consent. No consent to arbitration in respect to a specifically described claim, counterclaim, dispute or other matter in question will constitute consent to arbitrate any other claim, counterclaim, dispute or other matter in question which is not specifically described in such consent or in which the sum or value in controversy exceeds $50,000 (exclusive of interest and costs) or which is with any party not specifically described therein. 9.8.7 The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 1 t of the Federal Arbitration Act (9 U.S.c. **10, 11). . 9.9 NOTICES Any notice required under this Agreement will be in wrjting, addressed to the appropriate party at the address which appears on the fiTSt page oftbis Agreement (as modified in writing from time to time by such party) and given personally, by registered or certified mail, retum receipt requested, by facsimile, or by a nationally recognized overnight courier service. All notices shall be effective upon the date of receipt. 9.10 SlJRYIYAL All express representations, indemnifications or limitations ofliability made in or given in this Agreement will survive the comptetion of all services of ENGtNEER under tbis Agreement or the tennination of this Agreement for any reason. 9.Il ENFORCEABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention ofthe stricken provision. 9.12 EXHIBITS 9.J2.1 The following exhibits are attached to and made a part of this Agreement: . 9.12.l.t Exhibit A, "Work Order Fonn". ARDENWPD t9 Rev. December 12, 1997