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2021-55 - NEORSD Catch Basin Cleaning agreement
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2021-55 - NEORSD Catch Basin Cleaning agreement
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Last modified
12/10/2021 11:27:29 AM
Creation date
12/10/2021 11:22:19 AM
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Office Of Council
Document Type
Resolutions
Number
2021-55
Date Adopted
12/6/2021
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Article 3.0 Dispute Resolution <br />3.01 The Parties shall continue the performance of their obligations under this Agreement <br />notwithstanding the existence of a dispute. <br />3.02 The Parties shall first try to resolve the dispute at the level of the designated <br />representatives as follows: <br />District Re resentative <br />Ci <br />Re <br />resentative <br />Watershed Team Leader <br />I City <br />Engineer <br />If the Parties are unable to resolve the dispute at that level within ten (10) working days, <br />the Parties shall escalate the dispute to the following level to resolve the dispute: <br />District Representative <br />City <br />Representative <br />Director of Watershed Programs <br />Mayor <br />3.03 If the Parties remain unable to resolve the dispute within an additional ten (10) working <br />days, the Parties shall proceed to mediation upon request by either party. The mediator <br />shall review all documents and written statements, in order to accurately and effectively <br />resolve the dispute. The mediator shall call a meeting between the Parties within ten (10) <br />working days after mediator appointment, which meeting shall be attended by at least the <br />respective representatives listed in paragraph 3.02 above. The Parties shall attempt in <br />good faith to resolve the dispute. The Parties agree to follow the Uniform Mediation Act, <br />Chapter 2710 of the Ohio Revised Code. The Parties shall share the cost of the mediator <br />equally. <br />3.04 Such mediation shall be non -binding between the Parties and, to the extent permitted by <br />law, shall be kept confidential. If the dispute is resolved and settled through the mediation <br />process, the decision will be implemented by a written agreement signed by both Parties. <br />If the dispute is unable to be resolved through mediation, the Parties agree to submit the <br />dispute to the appropriate jurisdiction as per Article 4, Remedies, below. <br />Article 4 Remedies <br />4.01 The Parties agree that, after exhausting the dispute resolution process outlined above, all <br />claims, counter -claims, disputes and other matters in question between the Parties arising <br />out of or relating to this Agreement, or the breach thereof, will be decided at law. This <br />Agreement shall be governed by and interpreted according to the law of the State of <br />Ohio. <br />Article 5 Counterpart Signatures <br />
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