TranSystems Corporation - LGM Construction

If a dispute between FedEx and any of its architects, engineers or other consultants engaged in
the design and construction of the Project or a Separate Contractor is pending concurrently with a
dispute between the parties and each dispute involves substantially the same facts, the parties will
consolidate at the request of either of them the proceedings pending under the terms of this
Article 26 with the dispute resolution proceedings pending between FedEx and its architect,
engineer or other consultants or the Separate Contractor. If a dispute between Contractor and a
Subcontractor is pending concurrently with a dispute between the parties and each dispute
involves substantially the same facts, the parties will consolidate at the request of either of them
the proceedings pending under the terms of this Article 26 with the dispute resolution
proceedings pending between Contractor and the Subcontractor. If a dispute between FedEx and
Landlord is pending concurrently with a dispute between the parties and each dispute involves
substantially the same facts, the parties will consolidate at the request of either of them the
proceedings pending under the terms of this Article 26 with the dispute resolution proceedings
pending between FedEx and Landlord if Landlord will consolidate its claim. Neither party may
enter into a contract relating to the Project that directly or indirectly gives any other person or
entity a right to resolve any dispute with, involving, or affecting the other party to this Agreement
in a manner inconsistent with the procedures set forth in this Article 26.
(h) The procedures specified in this Article 26 are the sole and exclusive procedures for
the resolution of disputes to which this Article is intended to apply. Either party may seek a
preliminary injunction or other preliminary judicial relief, however, if, in that party's judgment,
that action is necessary for the sole purpose of avoiding irreparable harm. Despite that action, the
parties will continue to participate in good faith in the procedures set forth above. All applicable
limitations periods will be tolled while the procedures specified above are pending. The parties
will take all action appropriate to accomplish that tolling.
(i) Pending the resolution of a dispute in accordance with the procedures set forth in this
Article 26, Contractor shall continue to perform the Work and FedEx shall continue to remit to
Contractor any progress payment to which Contractor is entitled under the terms of this
Agreement and that is not the subject of the dispute.
(j) The provisions of this Article 26 will survive any termination of this Agreement.
ARTICLE 27
INTENTIONALLY OMITTED
ARTICLE 28
MISCELLANEOUS
Section 28.01. Assignment. This Agreement inures to the benefit of and binds each of
the parties and their respective successors and assigns, but, except as provided below, neither
party may voluntarily assign or delegate the rights or duties arising under the terms of this
Agreement without the prior written consent of the other party; FedEx, however, may assign all
or any part of its rights and delegate all or any of its duties without Contractor’s consent to (i) a
corporation controlled by, controlling, or under common control with, FedEx, (ii) the surviving
59