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2014_0811_CCpacket
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2014_0811_CCpacket
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8/19/2014 4:02:20 PM
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8/7/2014 4:18:11 PM
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<br />(i)All policies, except the Professional Liability Insurance Policy, shall be written on an <br />acceptable); <br /> <br />(ii)Al <br /> <br /> <br />(iii) <br />Compensation Policy, shall insure the defense and indemnify obligations assumed by <br />Consultant under this Agreement; and <br /> <br />(iv)All policies shall contain a provision that coverages afforded thereunder shall not be <br />canceled or non-renewed or restrictive modifications added, without thirty (30) days <br />prior written notice to the City. <br />A copy of: (i) a certification of insurance satisfactory to the City, and (ii) if requested, the <br />evidences the compliance with this Paragraph 18, must be filed with the City prior to the start of <br />City and shall provide satisfactory evidence that the Consultant has complied with all insurance <br />requirements. Renewal certificates shall be provided to the City prior to the expiration date of any <br />of the required policies. The City will not be obligated, however, to review such declaration page, <br />riders, endorsements or certificates or other evidence of insurance, or to advise Consultant of any <br />deficiencies in such documents, and receipt thereof shall not relieve the Consultant from, nor be <br /> hereunder. <br />The City reserves the right to examine any policy provided for under this Provision 18. <br /> Ownership of Documents. <br />19. All plans, diagrams, analysis, reports and information generated in <br />City, but the Consultant may retain copies of such documents as records of the services provided. The <br />City may use the Information for any reasons it deems appropriate without being liable to the <br />Consultant for such use. The Consultant shall not use or disclose the Information for purposes other <br />than performing the Work contemplated by this Agreement without the prior consent of the City. <br /> Dispute Resolution/Mediation. <br />20. Each dispute, claim or controversy arising from or related to this <br />Agreement or the relationships which result from this Agreement shall be subject to mediation as a <br />condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the <br />parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation <br />Procedures of the American Arbitration Association then currently in effect. A request for mediation <br />shall be filed in writing with the American Arbitration Association and the other party. No arbitration <br />or legal or equitable action may be instituted for a period of 90 days from the filing of the request for <br />mediation unless a longer period of time is provided by agreement of the parties. The cost of mediation <br />shall be shared equally between the parties. Mediation shall be held in the City of Roseville unless <br />another location is mutually agreed upon by the parties. The parties shall memorialize any agreement <br />resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be <br />enforceable as a settlement in any court having jurisdiction thereof. <br /> Annual Review. <br />21. Prior to ______________ of each year of this Agreement, the City shall have the <br />right to conduct a 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 information as <br />the City may reasonably request. Following each performance review the parties shall, if requested <br />by the City, meet and discuss the performance of the Consultant relative to the remaining Work to be <br />performed by the Consultant under this Agreement. <br /> <br />
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