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Fees and expenses for the arbitrator's services and the proceeding shall be borne eq u a I I Y by the Emp I oye r an d the Un Ion. However, each party shall be responsible for compensating its own representatives and witnesses. The decision of the arbitrator shall be final and binding upon the parties and the employeels) and the arbitrator shal I be requested to Issue his/her decision within thirty (30) calendar days after the conclus- Ion of testimony and argument. 6.5 ARBITRATOR'S AUTHORITY A, The arbitrator shall have no right to amend, modify, nullify, Ignore, add to, or subtract from the terms . and conditions of this Agreement. The arbitrator shall consider and decide only the speclflclssuels) submitted In writing by the Employer and the Union, and shal I have no authority to make a decision on any other Issue not so submitted. B, The arbitrator shal I be without power to make decisions contrary to, or Inconsistent with, or modifying or varying In any way the application of laws, rules, or regulations having the force and effect of law. The arhltrator's decision shall be submitted in writing within thirty (30) days following ,close of ths hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's Interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating the repre- sentatives and witnesses called by Itself, If either party desires a verbatim record of the proceedings, It may cause such a record to be made, providing It pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, It shall be considered "waived". If a grievance Is not appealed to the next step within the specified time limit or any agreed extension thereof, It shall be considered settled on the basis of the Employer's last answer, I f the Employer does not ansWer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and Immediately . appeal the grievance to the next step. The time limit In each step may be extended by mutual agreement of the Employer and the Union. ARTICLE VII DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 7.2 EMPLOYER: The City of Arden Hills, Ramsey County, Minnesota, a Minnesota municipal corporation. 7,3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49. -4-