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11-13-23-R
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11-13-23-R
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X. Dispute Resolution <br /> 1. If a dispute arises between the Parties regarding this agreement or the construction of the <br /> Project, the City Manager and City Administrator of each city, or their designees, must promptly <br /> meet and attempt in good faith to negotiate a resolution of the dispute. <br /> 2. If the Parties have not negotiated a resolution of the dispute within 30 days after the initial <br /> meeting of the City Manager and the City Administrator, the Parties may agree to participate in <br /> mediation. A mediator will be chosen by agreement of the parties. In the event of such mediation, <br /> the Parties will share the cost of mediation equally. <br /> 3. If either Party does not agree to mediate, or if the Parties are unable to resolve the dispute <br /> within 30 days after the first meeting with the selected mediator, either party may pursue legal <br /> action regarding the dispute. <br /> XI. General Provisions <br /> 1. All records kept by Roseville and Arden Hills with respect to the Project are subject to <br /> examination by representatives of each party. All data collected, created, received, maintained or <br /> disseminated for any purpose by Roseville or Arden Hills under this Agreement are governed by <br /> Minnesota Statutes, Chapter 13("Act"), and the Minnesota Rules implementing the Act. <br /> 2. Roseville agrees to comply with all laws applicable to Roseville relating to <br /> nondiscrimination, affirmative action, public purchases, contracting, employment, workers' <br /> compensation,and surety deposits required for construction contracts. Minnesota Statutes, Section <br /> 181.59 and any applicable local ordinance relating to civil rights and discrimination and the <br /> Affirmative Action Policy statement of Roseville is considered a part of this Agreement. <br /> 3. The employees of the parties, and all other persons engaged by each party will not be <br /> considered employees of the other party. Each party is solely responsible for all claims arising <br /> from its employees including claims under the Worker's Compensation Act, the Minnesota <br /> Economic Security Law and all third party claim resulting from an act or omission of an employee. <br /> 4. If hazardous wastes,pollutants or contaminants as those terms are defined in law exist on <br /> the Project site, Roseville is responsible for any response or remedial action, monitoring or <br /> reporting under the law. Roseville will apply for and, if appropriate, have Arden Hills named as <br /> an additional beneficiary in any no association letters,no action/no further action letters and other <br /> environmental regulatory assurances for the site. Roseville will give Arden Hills copies of any <br /> Phase I and Phase II environmental investigations, approved Response Action Plans, and <br /> environmental assurance letters naming the Roseville as a beneficiary. Nothing in this paragraph <br /> requires that Roseville accept responsibility for any environmental conditions that are not <br /> Roseville's legal responsibility. This paragraph survives the termination of this Agreement. <br /> 5. This Agreement is the entire agreement between the parties and supersedes all oral <br /> agreements and negotiations between the parties relating to this Agreement. All exhibits and <br /> attachments to this Agreement are incorporated into the Agreement. If there is a conflict between <br /> the terms of this Agreement and any of the exhibits the Agreement governs. <br /> 5 <br /> RS 160\1\900023.v1 <br />
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