Laserfiche WebLink
<br />Section 21. Conflict. In the event of any conflict between the terms and conditions of <br />this Agreement and the Guaranty, the terms and conditions of this Agreement shall govem and <br />control. <br /> <br />Section 22, References to GSA. All references to the GSA in this Agreement shall also <br />be deemed to be references the United States Government and/or the U.s. Army, as circumstances <br />reqUIre. <br /> <br />Section 23. Dispute Resolution, Upon written notice from either party to the other prior <br />to the commencement of any legal action, or within ten {I 0) business days after the commencement <br />of any legal action relating to any claims, disputes or other matters in question between the parties <br />to this Agreement arising out of or relating to Sections 5 (excluding 5(f)(2)) and 11 of this <br />Agreement, shall be referred to nonbinding mediation before, and as a condition precedent to, <br />proceeding with any legal action regarding such claims, disputes or other matters other than the <br />commencement of such action. Each party agrees to participate in up to eight (8) hours of <br />mediation which must be completed and any agreed upon resolution duly executed within thirty <br />(30) days after written notice requiring nonbinding mediation. The mediator shall be selected by the <br />parties, or if the parties are unable to agree on a mediator then any party Can request the <br />administrator of the Ramsey County District Court Civil ADR Program and/or similar person, to <br />select a person from its list of qualified neutrals. The mediation shall be decided by employees or <br />agents of each party having authority to settle the dispute. All fees and expenses of the mediator <br />shall be shared equally between the parties and all other expenses incurred by each party related to <br />the mediation shall be borne by such party, including without limitation, the costs of any experts or <br />legal counsel. All applicable time periods for responding to any legal action which has been <br />commenced, statutes oflimitations and all defenses based on the passage of time are tolled while the <br />mediation procedures are pending, and for a period of30 days thereafter. <br /> <br />[Signatures on following pages] <br /> <br />15 <br />