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2012_0109_amended packet
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2012_0109_amended packet
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274 20. Dispute ResoludonlMediadon. each dispute, claim or controversy arising from or <br /> 275 related to this Agreement or the relationships which result from this Agreement shall be <br /> 276 subjcct to mediation as a.condition precedent to initiating arbitration or legal or equitable <br /> 277 actions by either party. Unless the parties agree otherwise, the mediation shall be in <br /> 278 accordance with the Commercial Mediation Procedures of the American Arbitration <br /> 279 Association then currently in effect. A request for mediation shall be filed in writing with <br /> 280 the American Arbitration Association and the other party, No arbitration or legal or <br /> 281 equitable action may be instituted for a period of 90 days from the filing of the request <br /> 282 for mediation unless a longer period of time is provided by agreement of the parties. The <br /> 283 cost of mediation shall be shared equally between the parties. Mediation shall be held in <br /> 284 the City of Roseville unless another location is mutually agreed upon by the parties. The <br /> 85 parties shall memorialize any agreement resulting from the mediation in a Mediated <br /> 286 Settlement Agreement, which Agreement shall be enforceable as a settlement in any <br /> 287 court having jurisdiction thereof. <br /> 8$ <br /> 89 21. Annual Review. Each year during the pendency of this Agreement, the City shall have <br /> 290 the right to conduct an annual review of the perforrmance of the Work performed by the <br /> 291 Contractor under this Agreement. The Contractor agrees to cooperate in such review and <br /> 292 to provide such information as the City may reasonably request. Following each <br /> 293 performance review the parties shall, if requested by the City, meet and discuss the <br /> 294 performance of the Contractor relative to the remaining Work to be performed by the <br /> 295 Contractor under this Agreement. <br /> 296 <br /> 97 22. Conflicts. The Contractor agrees that no salaried officer or employee of the City and no <br /> member of the pity council of the pity shall have a financial interest, direct or indirect, <br /> 299 in this Agreement. The violation of this provision shall render this Agreement void, and <br /> 300 the Contractor will forfeit any payments to be made under this Agreement. <br /> 301 <br /> 302 23. Governing Law. This Agreement shall be controlled by the laws of the State of <br /> 303 Minnesota, <br /> 304 <br /> 305 24. Counterparts. This Agreement may be executed in multiple counterparts, each of which <br /> 306 shall be considered an original. <br /> 307 <br /> 308 25. Severability. The provisions of this Agreement are severable. If any portion hereof is, <br /> 309 for any reason, held by a court of competent jurisdiction to be contrary to law, such <br /> 310 decision shall not affect the remanung provisions of this Agreement. <br /> 311 <br /> 312 26. Notices. Any notice to be given by either party upon the other under this Agreement <br /> 313 shall be properly given: a) if delivered personally to the City Manager if such notice is to <br /> 314 be given to the City, or if delivered personally to a manager or officer of the Contractor if <br /> 315 such notice is to be given to the Contractor, b) if mailed to the other party by United <br /> 316 States registered or certified mail, return receipt requested, postage prepaid, addressed 'n <br /> 317 the manner set forth below, or c) if given to a nationally, recognized, reputable overnight <br /> 318 courier for overnight delivery to the other party addressed as follows: <br /> 319 <br /> 7 <br />
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