GORDON & WILLIAMS, INC. 1 - 2002

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• s ARTICLE 15 CHANGES 15.1 Changes affecting Program Manager. Adjustments to the fee compensation of Program Manager under this Agreement, shall be determined as follows: 1. For services performed by Program Manager under this Agreement due to an approved change in the scope of the work of the Project, four percent (4%) of the net additional cost of the work (including additional work performed by the Project Team, additional fees, equipment, labor and materials reflected in each change order with Contractors that results from such scope change). ARTICLE 16 WARRANTY 16.1 The Program Manager shall require each Contractor to warrant to the City in writing that all material and equipment furnished under such Contractor's Construction Contract will be of good quality and new unless otherwise required or permitted by the Project Documents, that such Contractor's work will be free from defects not inherent in the quality required or permitted, and that the work will conform with the requirements of the Project Documents for a period of one (1) year from the date of the Notice of Completion for the Project. Work not conforming with these requirements, including substitutions not properly approved and authorized, may be considered defective. Such warranties may exclude damage or defects caused by abuse, modifications not performed by the Contractor, improper or insufficient maintenance, improper operation, normal weaz and teaz under normal usage or improper or defective work on other portions of the Project performed by other Contractors. ARTICLE 17 DISPUTES/CLAIMS 17 .1 Claims Resolution Involving Consultants and Contractors Disputes involving Consultants and/or Contractors shall be resolved in accordance with the rules set forth in the City's Standazd Specifications. 17.2 Dispute Resolution Under this Agreement Unless both parties otherwise agree in writing, all disputes between the parties regazding the interpretation of this Agreement or the performance by a party hereunder shall be resolved through binding, judicial azbitration, using a private arbitration services such asJAMS/Endispute or similar service acceptable to each party; provided, however, in the event the parties are unable despite their good faith efforts to agree upon the procedures for such azbitration or the arbitration service to utilize, then, upon written notice from either party, azbitration shall be conducted pursuant to the commercial azbitration rules of the American Arbitration Association. In the conduct of such 14