Laserfiche WebLink
<br />arbitration in accordance with the Wireless Industry Arbitration Rules of the American <br />Arbitration Association ("AAA"), to the fullest extent such Rules are permitted by, and <br />to the extent not inconsistent with, applicable law and the rules set forth below, which <br />shall be controlling to the extent they differ from such rules of the AAA. Unless <br />otherwise agreed, the arbitration shall be held in the state where the Landlord Property <br />is located. The arbitrator shall have experience in the subject matter involved in the <br />dispute and be a member of the Telecommunications Panel. The arbitrator shall not <br />have any material past or present family, business or other relationship with any party, <br />affiliate, director or officer thereof, or any "associate" (as defined in Rule 12b-2 of the <br />Securities Exchange Act of 1934, as amended) of any such/party, affiliate, director or <br />officer. Each party shall have the right to discovery in th~same scope and substance as <br />would be permitted under the Federal Rules of c:fviFRt()cedure. Notwithstanding <br />anything contained herein to the contrary, in the event that either Landlord or Tenant <br />shall be unable to join a material interested party in any arbifnltion arising out of or <br />relating to this Lease, for any reason, the Rarty unable to join the/ll1aterial interested <br />party may elect, within fifteen (15) days.afterbecoming aware of sucni!"iability to join, <br />to have the claim, dispute or other matter in question settled in a court of~a1lf rather than <br />pursuant to arbitration as set forth under this Paragraph. <br /> <br />22. Enforcement and Attornevs'Fees. In the evehtthat either party to this Lease shall <br />bring a claim in arbitration to enf()I"ce.lU1Y rights hereunder, the prevailing party shall be <br />entitled to recover costs and reasonabJeat~(>lTleys' feesiricurred as a result of such claim. <br /> <br />.... .......-.... <br />23. Notices. All notices.hereunder mustlJe i~~trrl.gall4shall be deemed validly given if <br />delivered personally or ifsent by certifie4mail, return receipt requested, addressed as <br />follows (or any other address that theRartY to be notified may have designated to the <br />sender by like notice): <br /> <br />If to Landlord, to: <br /> <br />If to Tenant, to: <br /> <br />With a copy to: <br /> <br />And with copy to: <br /> <br />With copy to: <br /> <br />City AdministratQt <br />City of Arden Hills <br />1245 West Highway 96 <br />Arden Hills, MN 55112 <br /> <br />T-Mobile USA, Inc. <br />12920 Southeast 38th Street <br />Bellevue, W A 98006 <br />Attention: PCS Lease Administrator <br /> <br />Attention Legal Department <br /> <br />T-Mobile Central LLC <br />8550 W. Bryn Mawr Ave., Suite 100 <br />Chicago, IL 6063] <br />Attention: Lease Administration Manager <br /> <br />Attention Legal Department <br /> <br />12 <br />