Common use of Rights Reserved by the Owner Clause in Contracts

Rights Reserved by the Owner. Notwithstanding any provision contained in this Section or elsewhere in this Agreement, the Owner reserves the following rights in connection with Claims and disputes between the Owner and the Architect or any other party or parties: § 8.2.14.1 The right to institute legal action against the Architect (or such other party or parties) in any court of competent jurisdiction in lieu of demanding arbitration pursuant to this Section 4.2 in which case the dispute or disputes which are the subject of such action shall be decided by such court, and not by arbitration. § 8.2.14.2 The right to obtain from any court of competent jurisdiction a stay of any arbitration instituted by the Architect (or such other party or parties), provided that the application for such stay is made before the appointment of the neutral arbitrator in such arbitration, in which case the dispute or disputes which are the subject of such arbitration shall be decided by such court, and not by arbitration. § 8.2.14.3 The right to require any other party to join as a party in any arbitration relating to the Project, in which case the party so joined agrees to be bound by the decision of the arbitrator or arbitrators in such arbitration. § 8.2.14.4 In case the Owner elects to proceed in accordance with Section 8.2.14.1 or 8.2.14.2 above, the word "litigation" shall be deemed to replace the word "arbitration" wherever the latter word appears in this Agreement. § 8.2.14.5 Except where such condition is expressly prohibited by law, an award or judgment against the Owner in accordance with the procedure described in this Section 4.2 shall be a condition precedent to the filing by the Architect or any consultant or agent of any attachment or lien of any nature against the real estate on which the Work is situated or against the Owner’s property.

Rights Reserved by the Owner. Notwithstanding any provision contained in this Section or elsewhere in this Agreement, the Owner reserves the following rights in connection with Claims and disputes between the Owner and the Architect Engineer or any other party or parties: § 8.2.14.1 The right to institute legal action against the Architect Engineer (or such other party or parties) in any court of competent jurisdiction in lieu of demanding arbitration pursuant to this Section 4.2 in which case the dispute or disputes which are the subject of such action shall be decided by such court, and not by arbitration. § 8.2.14.2 The right to obtain from any court of competent jurisdiction a stay of any arbitration instituted by the Architect Engineer (or such other party or parties), provided that the application for such stay is made before the appointment of the neutral arbitrator in such arbitration, in which case the dispute or disputes which are the subject of such arbitration shall be decided by such court, and not by arbitration. § 8.2.14.3 The right to require any other party to join as a party in any arbitration relating to the Project, in which case the party so joined agrees to be bound by the decision of the arbitrator or arbitrators in such arbitration. § 8.2.14.4 In case the Owner elects to proceed in accordance with Section 8.2.14.1 or 8.2.14.2 above, the word "litigation" shall be deemed to replace the word "arbitration" wherever the latter word appears in this Agreement. § 8.2.14.5 Except where such condition is expressly prohibited by law, an award or judgment against the Owner in accordance with the procedure described in this Section 4.2 shall be a condition precedent to the filing by the Architect Engineer or any consultant or agent of any attachment or lien of any nature against the real estate on which the Work is situated or against the Owner’s property.