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

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attempt in good faith to resolve the Dispute. If, upon the expiration of such time period, the University's Associate Vice Chancellor for Campus Services (or higher-level authority) and the County Manager (or higher-level authority) have been unable to resolve the Dispute, then the Dispute shall be submitted to non-binding mediation in accordance with Paragraph 144 of this Agreement. 144. Non-Binding Mediation. If the Executive Review and Senior Executive Review dispute resolution processes are unsuccessful, the Parties shall be obligated to submit the Dispute to non-binding mediation through the use of a neutral, independent, disinterested mediator selected by the Parties from a professional mediation firm. If such Dispute is not resolved through the non-binding mediation process within one hundred twenty (120) days after the date of the Notice of Dispute or Notice of Termination (or such other time period as mutually agreed to by the Parties in writing), either Party may initiate litigation in any court of competent jurisdiction. The Parties shall share equally all fees and expenses payable to any mediator retained hereunder. 145. Continued Performance; No Tolling of Cure Periods. Except when clearly prevented from doing so by the matter in dispute, the Parties shall continue performing their obligations under this Agreement while any Dispute is being resolved as provided in this Article unless and until such obligations are terminated by the termination or expiration of this Agreement. The time frame for a Party to cure any breach of the terms of this Agreement shall not be tolled by the pendency of any dispute resolution procedures. 146. Equitable Relief. Notwithstanding anything contained in this Agreement to the contrary, the Parties shall be entitled to seek injunctive or other equitable relief in any court of 48 (00018638.DOC 24)