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<br />to this Agreement arising out of or relating to Section 5 (excluding 5( f)(2)) of this Agreement, shall <br />be referred to nonbinding mediation before, and as a condition precedent to, proceeding with any <br />legal action regarding such claims, disputes or other matters other than the commencement of such <br />action. Each party agrees to participate in up to eight (8) hours of mediation which must be <br />completed and any agreed upon resolution duly executed within thirty (30) days after written notice <br />requiring nonbinding mediation. The mediator shall be selected by the parties, or if the parties are <br />unable to agree on a mediator then any party can request the administrator of the Ramsey County <br />District Court Civil ADR Program and/or similar person, to select a person from its list of qualified <br />neutrals. The mediation shall be decided by employees or agents of each party having authority to <br />settle the dispute. All fees and expenses of the mediator shall be shared equally between the parties <br />and all other expenses incurred by each party related to the mediation shall be borne by such party, <br />including without limitation, the costs of any experts or legal counsel. All applicable time periods <br />for responding to any legal action which has been commenced, statutes of limitations and all <br />defenses based on the passage of time are tolled while the mediation procedures are pending, and <br />for a period of 30 days thereafter. <br /> <br />[Signatures on following pages] <br /> <br />16 <br />