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shall not relieve the Consultant from, nor be deemed a waiver of, the City’s right to <br />enforce the terms of the Consultant’s obligations hereunder. The City reserves the <br />right to examine any policy provided for under this Provision 18. <br />Ownership of Documents. <br />19. All plans, diagrams, analysis, reports and information <br />generated in connection with the performance of this Agreement (“Information”) shall <br />become the property of the City, but the Consultant may retain copies of such documents <br />as records of the services provided. The City may use the Information for any reasons it <br />deems appropriate without being liable to the Consultant for such use. The Consultant <br />shall not use or disclose the Information for purposes other than performing the Work <br />contemplated by this Agreement without the prior consent of the City.To the extent the <br />documents are modified, supplemented or otherwise altered by the Owner, subsequent <br />design professional, or any other party, the Owner agrees to indemnify, defend and hold <br />the Architect harmless for any claims, demands, damages or causes of action arising out <br />of such modification, supplementation or alteration. <br />Dispute Resolution/Mediation. <br />20. Each dispute, claim or controversy arising from or <br />related to this Agreement or the relationships which result from this Agreement shall be <br />subject to mediation as a condition precedent to initiating arbitration or legal or equitable <br />actions by either party. Unless the parties agree otherwise, the mediation shall be in <br />accordance with the Commercial Mediation Procedures of the American Arbitration <br />Association then currently in effect. A request for mediation shall be filed in writing with <br />the American Arbitration Association and the other party. No arbitration or legal or <br />equitable action may be instituted for a period of 90 days from the filing of the request <br />for mediation unless a longer period of time is provided by agreement of the parties. The <br />cost of mediation shall be shared equally between the parties. Mediation shall be held in <br />the City of Roseville unless another location is mutually agreed upon by the parties. The <br />parties shall memorialize any agreement resulting from the mediation in a Mediated <br />Settlement Agreement, which Agreement shall be enforceable as a settlement in any <br />court having jurisdiction thereof. <br />Annual Review. <br />21. Prior to October 1, 2013, the City shall have the right to conduct a <br />review of the performance of the Work performed by the Consultant under this <br />Agreement. The Consultant agrees to cooperate in such review and to provide such <br />information as the City may reasonably request. Following each performance review the <br />parties shall, if requested by the City, meet and discuss the performance of the Consultant <br />relative to the remaining Work to be performed by the Consultant under this Agreement. <br />Conflicts. <br />22. No salaried officer or employee of the City and no member of the City <br />Council of the City shall have a financial interest, direct or indirect, in this Agreement. <br />The violation of this provision shall render this Agreement void. <br />Governing Law. <br />23. This Agreement shall be controlled by the laws of the State of <br />Minnesota. <br />7 <br /> <br />