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Kennedy & Graven-REDA
Roseville
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Kennedy & Graven-REDA
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Last modified
3/27/2017 3:56:34 PM
Creation date
1/12/2017 8:22:35 AM
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Template:
Contracts/Agreements
Agreement/Contract Type
Professional Services Contract
Contracts/Agreements - Department
Community Development
Purpose/Title
City of Roseville and Economic Development Authority (EDA) Acquisition
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15. Ownership of Documents. All plans, diagrams, analysis, reports and information <br />generated in connection with the performance of this Agreement ("Information") shall <br />become the property of REDA, but the Consultant may retain copies of such documents <br />as records of the services provided. REDA 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 REDA. <br />16. Dispute Resolution/Mediation. 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 ar 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 far 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 tiine is provided by agreement of the parties. <br />Cost of inediation 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 enfarceable as a settlement in any <br />court having jurisdiction thereof. <br />17. Annual Review Prior to each anniversary of the date of this Agreement, REDA shall <br />have the right to conduct a review of the performance of the Work performed by the <br />Consultant under this Agreement. The Consultant agrees to cooperate in such review and <br />to provide such information as REDA may reasonably request. Following each <br />performance review the parties shall, if requested by REDA, meet and discuss the <br />performance of the Consultant relative to the remaining Work to be performed by the <br />Consultant under this Agreement. <br />18. Conflicts. (a) No salaried officer or employee of REDA and no member of the Board of <br />REDA shall have a financial interest, direct or indirect, in this Agreement. (b) The <br />Consultant agrees to immediately inform, by written notice, the REDA Executive <br />Director of possible contractual conflicts of interest in representing REDA, as well as <br />property owners or developers, on the same project. Conflicts of interest may be gounds <br />for termination of this Agreement. <br />19. Governing Law. This Agreement shall be controlled by the laws of the State of <br />Minnesota. <br />20. Counterparts. This� Agreement may be execuied in multiple counterparts, each of which <br />shall be considered an original. <br />4 <br />
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