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Attachment A If a claim arises within the scope of the stated indemnity in this subparagraph 21C, the City may require Consultant to: a. Furnish and pay for a Surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish written acceptance of tender of defense and indemnify from Consultant's insurance company. Consultant will take the action required by the city within fifteen (15) days of receiving notice from the City. 22. Ownership of Documents. All plans, diagrams, analysis, reports and information generated in connection with the performance of this Agreement except for personal notes and writings of Consultant's attorneys staff, agents and subcontractors ("Information") shall become the property of the City, but the Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant may also use the Information for its purposes. Use of the information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the parry using the Information agrees to defend and indemnify the other from any claims or liability therefrom. 23. DispuZe Resoluiion/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration ar legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercia] Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the otber party. No arbitration or lega] or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. The cost of inediation shall be shared equally between the parties. Mediation shall be held in the City of Roseville unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 24. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 25. Conflicts. No salaried officer or employee of the City and no member of the City Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision shall render this Agreement void.