Orange County NC Website
Browse       Search
attempt in good faith to resolve the Dispute. If, upon the expiration of such time period, the <br />University's Associate Vice Chancellor for Campus Services (or higher-level authority) and the <br />County Manager (or higher-level authority) have been unable to resolve the Dispute, then the <br />Dispute 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 fiom a professional, mediation firm. If such Dispute is not resolved <br />tluough the non-binding mediation.process within one hundred twenty (120) days after the date <br />of the Notice of Dispute or Notice of Termination (or such other time period as mutually agreed <br />to by the Parties in writing), either Party may initiate litigation in any coux-t of competent <br />jurisdiction. The Parties shall share equally all fees and expenses payable to any mediator <br />retained hereunder. <br />145. Continued Perfornance• No Tolling of Cure Periods. Except when clearly <br />prevented fiom doing so by the matter in dispute, the Parties shall continue performing their <br />obligations under this Agreement while any Dispute is being resolved as provided in this Article <br />unless and until such obligations are ternillated by the termination or expiration of this <br />Agreement. The time flame for a Party to cure any breach of the terns of this Agreement shall <br />not be tolled by the pendency 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 />