Agenda - 02-17-2009 - 4l - Laserfiche WebLink

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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 Dispute ("Notice of Dispute")to the other Party ("Respondent"), which shall contain a reasonably detailed statement of the nature of the Dispute and the relief requested. A Notice of Termination issued in accordance with Article VI shall be deemed a Notice of Dispute for purposes of this Article XI. 142. Executive Review. Upon receipt of a Notice of Dispute,the University's Director of Energy Services and the Assistant County Manager 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 good faith to resolve the Dispute. If, upon the expiration of such time period, the University's Director of Energy Services and the Assistant County Manager have been unable to resolve the 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 following the Executive Review process described in Paragraph 142, 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 47 {00018638.DOC 24)