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Agenda - 02-03-2009 - 6b
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Agenda - 02-03-2009 - 6b
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Last modified
3/21/2016 10:50:10 AM
Creation date
1/30/2009 3:34:02 PM
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BOCC
Date
2/3/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6b
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Minutes - 20090203
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\Board of County Commissioners\Minutes - Approved\2000's\2009
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53 <br /> good faith to resolve the Dispute. If, upon the expiration of such time period, the University's <br /> Associate Vice Chancellor for Campus Services (or higher-level authority) and the County <br /> Manager (or higher-level authority) have been unable to resolve the Dispute, then the Dispute <br /> shall be submitted to non-binding mediation in accordance with Paragraph 144 of this <br /> Agreement. <br /> 144. Non-Binding Mediation. If the Executive Review and Senior Executive Review <br /> dispute resolution processes are unsuccessful,the Parties shall be obligated to submit the Dispute <br /> to non-binding mediation through the use of a neutral, independent, disinterested mediator <br /> selected by the Parties from a professional mediation firm. If such Dispute is not resolved <br /> through the non-binding mediation process within one hundred twenty (120) days after the date <br /> of the Notice of Dispute or Notice of Te ! E .e n (or such other time period as mutually agreed <br /> to by the Parties in writing), either P. . • 1. e'�.: 'ligation in any court of competent <br /> jurisdiction. The Parties shall share equally ,r t fees and " penes payable to any mediator <br /> retained hereunder. <br /> 145. tinued Performance; No To lig of Cure Periods. Except when clearly <br /> preven ,°'`1 •m doin.. the matter in dispute, the Parties shall continue performing their <br /> obli..ati' _ !der this Agr E nt while any Dispute is being resolved as provided in this Article <br /> unless and :';r ch obli: 4 ons are terminated by the termination or expiration of this <br /> Agreement. The ■.,, . z - for a Party to cure any breach of the terms of this Agreement shall <br /> not be tolled by the p- a dency of any dispute resolution procedures. <br /> 146. Equitable Relief. Notwithstanding anything contained in this Agreement to the <br /> contrary, the Parties shall be entitled to seek injunctive or other equitable relief in any court of <br /> 48 <br /> (00018638.DOC21) <br />
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