CCP 04-21-1997 - Laserfiche WebLink

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.': ~ .;. . which the other party has failed to comply with the Agreement and .- which shall request the other party to (a) bring itself into compliance with the terms of this Agreement within forty-five (45) days from the date of the written notice or (b) within twenty (20) days of the date of the written notice, request I arbitration pursuant to the provisions of the next Section hereof. If a party fails to bring itself into compliance with the terms of this Agreement or fails to request arbitration I within the time lim i t specif ied in the previous sentence hereof, the other party may terminate the Agreement by giving the non- complying party sixty (60) days' written notice of termination or may request arbitration pursuant to the next Section hereof. The I last sentence of Section l2(f) hereof shall apply to termination under this Subsection (g) of Section 12. . 13. Arbitration. Where arbitration is requested pursuant to Section l2(e)(ii)b., l2(e)(ii)c., or Section l2(g), City and Department shall define in writing the issues relating to the I deficiency determination or non-compliance allegation which shall be submitted to a panel of arbitrators in the following manner: (a) City shall select a person who has expertise in I evaluating fire protection services. Department shall select a person who has expertise in evaluating fire protection services. The two parties chose shall select a third party likewise .. qualified. The three parties selected shall serve as the panel of arbitrators. (b) City and shall provide the panel with Department any I information requested as promptly as possible. (c) The panel shall notify City and Department of the date, . time and place of hearing at which both parties may make a 'presentation. City will make its facilities available for purposes of the hearing. I (d) Within thirty (30) days of the hearing or any continuation thereof the panel shall notify City and Department of its decision which shall be binding on all parties. I (e) The fees and expenses of the arbitration panel shall be divided equally between City and Department. I ( f) If the panel's determination is that either of the parties has not satisfied the requirements of this Agreement, that party shall have seventy-five (75) days from the date of I written notification of the panel's decision within which to comply. In the event the Department has been found not to have complied with this Agreement and has not corrected the deficiency I with i n the time limits prescribed above, the City may terminate this Agreement by giving sixty (60) days' written notice to the .. Department. In the event that the City has been found not to have complied with this Agreement, the decision of the panel may be enforced by obtaining an appropriate Court Order. I - 10 -