1999 036 Ordinance - Laserfiche WebLink

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with an additional copy to: As to each individual Site, the Regional Manager as designated on the Site Designation Supplement DEVELOPER American Tower, L.P. 116 Huntington Avenue Boston, MA 02210 Attention: Chief Financial Officer and General Counsel Telephone: (617) 375-7500 Telecopier. (617) 375-7575 with a copy to: Sullivan P. Worcester One Post Office Square Boston, MA 02108 _ Attention: Norman A. Bikales, Esq. Telephone: (617) 338-2800 Telecopier. (617) 338-2880 with an additional copy to: As to each individual Site, the Regional Manager as designated on the Site Designation Supplement 38. ARBITRATION. (a) If a dispute arises between the parties relating to the interpretation, performance or breach of this Agreement, the parties agree that upon written demand of either party, they will hold a meeting within two weeks of such demand, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If, ten (10) days after the date set for such a meeting, the parties have not succeeded in negotiating a resolution of the dispute, either party may request that. such dispute be resolved through non-binding arbitration. Such arbitration (the "Arbitration") will be conducted in San Francisco, California, in accordance with commercial arbitration rules of the American Arbitration Association ("AAA") in effect on the date of this Agreement, to the extent they do not conflict with the terms of this Agreement. Absent any contrary agreement between the parties, there shall be no review by any court of the final decision by the arbitrators or of the law applied or the legal reasoning used in the arbitration , process except upon a trial de novo in a court.of competent jurisdiction. With the exception of actions for injunctive relief or which must be filed to preserve a party's rights, the parties agree to submit any such dispute to non-binding arbitration before either party may commence any action in any court of law concerning such dispute. The parties agree to cooperate in dismissing, without prejudice, any legal action filed before the conclusion of such arbitration, except an action brought in whole or in part to compel such arbitration or an action seeking injunctive relief; or which cannot be dismissed without prejudice to a party's rights. The parties shall cooperate with each other in causing the Arbitration to be held in as efficient and expeditious a manner as practicable. The parties have selected arbitration in onier to expedite the resolution of disputes and to reduce the costs and burdens associated with litigation. The parties agree that the arbitrators should take these concerns into account when determining the scope of permissible discovery and other hearing and pre-hearing procedures. V~thout limiting any other remedies which may be available under applicable laws, the arbitrators shall have no authority to award punitive damages. The arbitrators shall render their decision within ninety (90) calendar days after the latest of the arbitrators' acceptance of their respective appointments to serve as arbitrators, unless the parties otherwise agree in writing or the arbitrators decide that a party to the Arbitration has shown good cause for a longer period prior to the rendering of the decision.