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Revised 3/18/2020 <br /> <br />320 <br />321 20. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related <br />322 to this Agreement or the relationships which result from this Agreement shall be subject to <br />323 mediation as a condition precedent to initiating arbitration or legal or equitable actions by <br />324 either party. Unless the parties agree otherwise, the mediation shall be in accordance with <br />325 the Commercial Mediation Procedures of the American Arbitration Association then <br />326 currently in effect. A request for mediation shall be filed in writing with the American <br />327 Arbitration Association and the other party. No arbitration or legal or equitable action may <br />328 be instituted for a period of 90 days from the filing of the request for mediation unless a <br />329 longer period of time is provided by agreement of the parties. Cost of mediation shall be <br />330 shared equally between the parties. Mediation shall be held in the City of Roseville unless <br />331 another location is mutually agreed upon by the parties. The parties shall memorialize any <br />332 agreement resulting from the mediation in a Mediated Settlement Agreement, which <br />333 Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. <br />334 <br />335 21. Annual Review. Prior to each anniversary of the date of this Agreement, the City shall <br />336 have the right to conduct a review of the performance of the Work performed by the <br />337 Consultant under this Agreement. The Consultant agrees to cooperate in such review and <br />338 to provide such information as the City may reasonably request. Following each <br />339 performance review the parties shall, if requested by the City, meet and discuss the <br />340 performance of the Consultant relative to the remaining Work to be performed by the <br />341 Consultant under this Agreement. <br />342 <br />343 22. Conflicts. No salaried officer or employee of the City and no member of the Board of the <br />344 City shall have a financial interest, direct or indirect, in this Agreement. The violation of <br />345 this provision shall render this Agreement void. <br />346 <br />347 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. <br />348 <br />349 24. Counterparts. This Agreement may be executed in multiple counterparts, each of which <br />350 shall be considered an original. <br />351 <br />352 25. Severability. The provisions of this Agreement are severable. If any portion hereof is, for <br />353 any reason, held by a court of competent jurisdiction to be contrary to law, such decision <br />354 shall not affect the remaining provisions of this Agreement. <br />355 <br />356 26. Entire Agreement. Unless stated otherwise in this Provision 26, the entire agreement of <br />357 the parties is contained in this Agreement. This Agreement supersedes all prior oral <br />358 agreements and negotiations between the parties relating to the subject matter hereof as <br />359 well as any previous agreements presently in effect between the parties relating to the <br />360 subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions <br />361 of this Agreement shall be valid only when expressed in writing and duly signed by the <br />362 parties, unless otherwise provided herein. The following agreements supplement and are <br />363 a part of this Agreement: None . <br />364 <br /> <br /> <br /> <br />