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set forth herein shall constitute a waiver of such claim. 3.6.2 The parties shall within two business days of receipt of said notice meet and confer to discuss the matter. Seller's Architect and the City's Project Manager and/or the City Engineer shall participate in this meeting, along with any other persons deemed helpful by the parties in resolving the matter. 3.6.3 If the matter is not resolved by this meeting, then there shall be an arbitration process. One arbitrator shall be Seller's Architect, the second arbitrator shall be the City Engineer or his designee, and they shall select a third arbitrator, who shall be qualified by training and experience in the matter in question and shall be independent and respected in his or her professional field. The cost shall be evenly divided between the parties. 3.6.4 Pending final resolution of a claim by the City, except as otherwise agreed in writing, the Seller shall proceed diligently with the Development Work, and the City shall continue to make payments in accordance with this Agreement. 3.6.5 The arbitration proceeding shall proceed as promptly as it can be scheduled and conducted. The responsibility to substantiate a claim shall rest with the City. The decision of the arbitration panel shall be final and binding on the parties. 3.6.6 If the decision of the arbitration panel substantially supports the City's objections, then Seller shall be required to make the necessary corrections and adjustments, and notwithstanding anything in this agreement to the contrary, the City shall be entitled to defer the BAN payments to Seller set forth in Sections 3.4.3 and 3.4.5 until the matter is corrected. 3.6.7 If the decision of the arbitration panel fails to substantially support the City's objections, and if Seller has reasonably incurred additional costs as a result of the arbitration proceeding and any delay necessitated by it, then Seller shall provide appropriate documentation. Upon receiving satisfactory documentation of both the basis for incurring the costs and the amount of same, the City shall reimburse Seller for the costs within thirty days. ARTICLE IV: PLANS AND CONSTRUCTION 4.1 Preparation of Design and Construction Documents. Promptly after the Effective Date, Seller, acting through Seller's Architect, will begin preparation of design and construction documents for the Development Work, as provided in this Article. The documents shall be consistent with the Courthouse Guidelines. They shall be completed in three phases, which shall be the Schematic Design Documents Phase, the Design Development Document Phase, and the Construction Documents Phase. Each set of documents shall have progressively more detail than the prior set of documents, as set forth below. Each set of documents shall be subject to review by appropriate court officials and review and approval by the City, after consultation with the court officials, as set forth below. For each set of documents, the Seller shall, to the extent feasible, provide them serially as they are developed, in order to facilitate and expedite the review and approval processes. -7- Draft #4.1