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 Engineer: § 4.2.14.1 The right to institute legal action against the Engineer 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. § 4.2.14.2 The right to obtain from any court of competent jurisdiction a stay of any arbitration instituted by the Engineer, 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. § 4.2.14.3 In case the Owner elects to proceed in accordance with Section 4.2.14.1 or 4.2.14.2 above, the word "litigation" shall be deemed to replace the word "arbitration" wherever the latter word appears in this Agreement. § 4.2.14.4 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 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.

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 EngineerArchitect: § 4.2.14.1 The right to institute legal action against the Engineer Architect 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. § 4.2.14.2 The right to obtain from any court of competent jurisdiction a stay of any arbitration instituted by the EngineerArchitect, 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. § 4.2.14.3 In case the Owner elects to proceed in accordance with Section 4.2.14.1 or 4.2.14.2 above, the word "litigation" shall be deemed to replace the word "arbitration" wherever the latter word appears in this Agreement. § 4.2.14.4 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 Engineer 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.