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<br />this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of <br />legal or equitable proceedings by either party. <br /> <br />2. Unless the CITY and AET mutually agreed otherwise, mediation shall be in accordance with the <br />Construction Industry Mediation Rules of the American Arbitration Association. The mediator shall be <br />acceptable to both parties and shall have experience in municipal construction marters. <br /> <br />3. The parties shall share the mediator's fee and any filing fees equally. Agreements reached in mediation <br />shall be enforceable as settlement agreements in any court having jurisdiction thereof. <br /> <br />G. Indemnification <br /> <br />1. AET agrees to hold harmless and indemnify the CITY from and against liability arising out of AET's <br />negligent performance of the work, subject to any limitations, other indemnifications or other provisions <br />the CITY and AET have agreed to in writing. <br /> <br />2. The CITY agrees to hold harmless and indemnify AET from and against liability arising out of the CITY's <br />negligent conduct, subject to any limitations, other indemnifications or other provisions the CITY and <br />AET have agreed to in writing. <br /> <br />H. Governing Law <br /> <br />This Agreement shall be construed, and the rights of the parties shall be determined, in accordance with the <br />laws of the State of Minnesota. <br /> <br />In witness whereof, this Agreement is herewith executed the date and year first above written. <br /> <br />For the CITY <br /> <br />By: <br /> <br />Typed or Printed Name: <br /> <br />Title: <br /> <br />Date: <br /> <br />For AET <br /> <br />A_~""g,~1Z; <br />By. 7 1'. <br />TypeL Printed Name: JeffeTV K. Voven <br /> <br />Title: Vice President <br /> <br />Date ~-18- tJ9 <br /> <br />ACS411 (09/02) ver2 - Page 5 of 6 <br /> <br />47 <br />