Agenda - 05-15-2012 - 5j - Laserfiche WebLink

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1406 Waiver of Jury Trlak Losses and Lessor hereby +rrevoraby waive all, ngM to Inai by jury in any action. pioceedirg Or counterclaim (whatier based on contract let a otherwise) ansrfg out Or or relating to Ihws Agreement or the actions of Lassor or Lessee in the negotation, administration, performance or erdorcemert hereof 1407 AmendMggls, Q a9ea and Moddlcahons Tlvs Agmemonl may be amended in writing by Lessor and Losses to the oxford Ps amsndwril or modification does not fpdY to outstanding Property Schedules at tho tuft of such amendment or rnoedicabon The oMSenl of the apptrrabid assignee or Agent if any shop be required tt arty brnerdrnent Or modficalfon before such amendment or miodificalion shag be applicable to any oulstandmg Property Schedule 1408 Execution In Counlar2g% T1ws Agreement and the Property Schedules hereunder may be simultaneaysty exacvtad in several counterparts. each of 1Nif I shall be an anginal and at of which shall consmi to but one and the same instrument ch 1409 AOobcabfe Law Ths Agreement snag be govemed by and Oonsirved in accordance with the Laws of the SU1e of North Carolina 1410 CepMns The captions or headings in Ihia Agreement are for convenience ordy and in no way define hint or describe the scope er inient of any provistora Or sections or this Agreement 14 11 Aledhaharrlgydino Arbdrabon In the Evanl of a dispute between the Parties which the Parties are unable to resolve the Pates shay submit their dispute to nort-b" mediation before a mutually agreeable nedialm prior to mitiabng bligation If IN part-as are unable to agree upon a riet11stor wMh-n Ihirty (30) days altar lasting Io resolve the mspula, either Party may petition a court of competent lunsdicxon lot the despnalion of a qualified mediator for these purposes Each Party shaft bear its awn costs end expenses of partiapabng In the mediation (induduvg witeul timrtation. reasonable atomeys' tees). and each Party %hail bear onfihdl (112) of the costs and expenses of the modeler Unless Otherwise ag cod the Parties will hod mediation m.Greenvdfe. North Cambna This rnaffers discussed a (aveaied m Oho medtatxm session shalt not be revealed in any subsequent b9gstion In the even) the manor is not resolved on mediation either Party may request arbitration The Parties shall Ptntly select an Arbitrator aid shag be bound by the decision of the Arbitrator with respect to any de Pule between Ile games with rasped to this Agroenwd R the Pates are unable to mutwgy agree upon an Arburator the Panes shat each select an Anbmrator and the two Arbitrators so selected shat BelerA a third Artxtrator, end the deaston Of the ma,onty of the Arbitrators shall be conclusive and birwing upon the Parties Ths Parties at all bmea agree to equally 411111 the Dolls of any Arbrtrato4s) detected in an effort to resolve the dispuls between the parties Any Parry deeinng to resolve a 41ePr9 under the terms on phis Agreement shall noirly the other Party in writing, and Rue parties slag so ek to agree upon a mutually agreed -Won Arbitrator within a period of ten (10) days from the 0819 Of Such written demand If the Parba are cable to agree wsntn lvdi ten (10) day period rho Parties shag each select an Arbitrator, and the two (2) Arbitrators so selected shag select a did Arbitrator, within Sheen (15) lays from the date M the written demand for arbitration and a demzsion shag be rendered by the Alb irsto4s) so sekcted within five (5) days after such Arbdrala(stn selected W IMTNESS WHEREOF. Lessor and Lessee have caused this Agreement to be executed in lhea names by their duly authon:ed representatives as of the date first above written Lessor: Key Government Finance, Inc. B Name JOHN L. LEKIC Title. vn –J' • —"jj0nS Lessee: Chapel Hill- Carrboro City Board of Education B Name S 1 er R c Title ASsT'". So k. �ar VC Attest B Name �1 "�*fD t"'- E % -rz._- Title G� 12