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2017-01-09_EDA_Agenda_Packet
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2017-01-09_EDA_Agenda_Packet
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Economic Development Authority
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6a. Attachment <br />139 <br />Ownership of Documents. <br />14015.All plans, diagrams, analysis, reports and information <br />141generated in connection with the performance of thisAgreement (“Information”) shall <br />142become the property of REDA, but the Consultant may retain copies of such documents <br />143as records of the services provided. REDAmay use the Information for any reasons it <br />144deems appropriate without being liableto the Consultantfor such use. The Consultant <br />145shall not use or disclose the Information for purposes other than performing the Work <br />146contemplated by this Agreement without the prior consent of REDA. <br />147 <br />Dispute Resolution/Mediation. <br />14816. Each dispute, claim or controversy arising from or <br />149related to this Agreement or the relationships which result from this Agreement shall be <br />150subject to mediation as a condition precedent to initiating arbitration or legal or equitable <br />151actions by either party. Unless the parties agree otherwise, the mediation shall be in <br />152accordance with the Commercial Mediation Procedures of the American Arbitration <br />153Association then currently in effect. A request for mediation shall be filed in writing with <br />154the American Arbitration Association and the other party. No arbitration or legal or <br />155equitable action may be instituted for a period of 90 days from the filing of the request <br />156for mediation unless a longer period of time is provided by agreement of the parties. <br />157Cost of mediation shall be shared equally between the parties. Mediation shall be held in <br />158the Cityof Roseville unless another locationis mutually agreed uponby the parties. The <br />159parties shall memorialize any agreement resulting from the mediation in a Mediated <br />160Settlement Agreement, which Agreement shall be enforceable as a settlement in any <br />161court having jurisdiction thereof. <br />162 <br />Annual Review. <br />16317.Prior to each anniversary of the date of this Agreement, REDAshall <br />164have the right to conduct a review of the performance of the Work performed by the <br />165Consultant under this Agreement. The Consultant agrees to cooperate in such review and <br />166to provide such information as REDAmay reasonably request. Following each <br />167performance review the parties shall, if requested by REDA,meet and discuss the <br />168performance of the Consultant relative to the remaining Work to be performed by the <br />169Consultant under this Agreement. <br />170 <br />Conflicts. <br />17118.(a) No salaried officer or employee of REDAand no member of the Board of <br />172REDAshall have a financial interest, direct or indirect, in this Agreement. (b) The <br />173Consultant agrees to immediately inform, by written notice, the REDA Executive <br />174Director of possible contractual conflicts of interest in representing REDA, as well as <br />175property owners or developers,on the same project. Conflicts of interest may be grounds <br />176for termination of this Agreement. <br />177 <br />Governing Law. <br />17819.This Agreement shall be controlled by the laws of the State of <br />179Minnesota. <br />180 <br />Counterparts. <br />18120.This Agreement may be executed in multiple counterparts, each of which <br />182shall be considered an original. <br />183 <br />4 <br /> <br />
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