Agenda - 02-03-2009 - 6b - Laserfiche WebLink

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52 privileged under any applicable arbitration privilege,are subject to Rule 408 of the Federal Rules of Evidence and any state counterpart rules or doctrine and are inadmissible and not discoverable for any purpose, including impeachment, in litigation between the Parties to the litigation; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its presentation or use during the dispute resolution process hereunder. 141. Notice. If a Dispute arises under this Agreement the claimant Party (the "Claimant") shall provide a written notice of the Dis = (` •.ce of Dispute")to the other Party ("Respondent"), which shall contain a reasonabl state nt of the nature of the Dispute and the relief requested. A Notice of Termination is �=a r •rdance with Article VI shall be deemed a Notice of Dispute for purposes of this Article XI. 142. Executive Review. Upon receipt of a Notice ' Dispute, the University's Director of Energy Se �, -� a Assistant County Manager shall meet in person and, unless the Parties mu in wri to a different time period, shall have thirty (30) calendar days to discuss,consider an ; _ o resolve the Dispute. If, upon the expiration of such time period, the Unive Director of Energy Services and the Assistant County Manager have been unable to resolve e Dispute, then they shall immediately submit the dispute for Senior Executive Review in accordance with Paragraph 143 of this Agreement. 143. Senior Executive Review. For disputes that are submitted for Senior Executive Review pursuant to Paragraph 142 of this. Agreement, the University's Associate Vice Chancellor for Campus Services (or higher-level authority) and the County Manager (or higher- level authority) shall meet in person and, unless the Parties mutually agree in writing to a different time period, shall have thirty (30) calendar days to discuss, consider and attempt in 47 {00018638_DOC 21}