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If so directed by CONTRACTOR, in writing, SUBCONTRACTOR shall proceed with the change or extra WORK prior to determining the amount of any price or other required ' adjustments. Thereafter the parties shall use their best efforts to reach mutual agreement. CONTRACTOR may pay SUBCONTRACTOR, without prejudice to any claim by either party, the amount of adjustment which in CONTRACTOR'S judgment is based on the facts then known. However, this provision shall not be construed to reduce or limit CONTRACTOR'S rights or remedies under this or any other provision, including the right to recover overpayments. ' GC-18.0 DISPUTES AND ARBITRATION ' It is the general intent of the parties that any unresolved dispute relating to this CONTRACT shall be settled by arbitration. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association in effect at the time of submittal. The law in the jurisdiction in which the SITE is located shall govern. The decision shall be final and binding and shall be rendered in writing. The costs of arbitration shall be apportioned between ' the parties to the arbitration or against either of them as the arbitrator may decide. COMPANY shall have the right but not the obligation to participate in any arbitration proceeding. GC-19.0 CONSEQUENTIAL DAMAGES Under no circumstances shall COMPANY or CONTRACTOR be liable to SUBCONTRACTOR for wnsequential damages including, but not limited to, loss of use or loss of profit, irrespective of the theory upon which claim is brought, and irrespective of whether resulting from negligence. ' GC-20.0 ATTORNEY'S FEES In the event of litigation between the parties to this agreement, the prevailing party shall be entitled to recover its attorney's fees. GC-21.0 SUBCONTRACTOR SUBMITTALS SUBCONTRACTOR submittals shall include samples and all other submittals required by the 1 CONTRACT DOCUMENTS. All submissions shall be consistent with the PROJECT PERFORMANCE SCHEDULE. All submittals shall be accompanied by a representation that SUBCONTRACTOR has fully satisfied all of SUBCONTRACTOR'S responsibilities with respect to the preparation and review of the submission including, without limitation, the checking and verification of all field measuremenu, and the coordination of each submittal with all other submittals and with the requirements of the WORK and the CONTRACT DOCUMENTS. The data shown on the submittals shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similaz data to enable CONTRACTOR to review the information for conformance with the design concepts and for ' compliance with the information given in the CONTRACT DOCUMENTS. SUBCONTRACTOR shall make corrections required by CONTRACTOR and shall return ' corrected or new submittals for review and approval. SUBCONTRACTOR shall direct specific ' 3-8