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catastrophes, governmental acts, shortages of supplies, riots, war, fire, epidemics, delays in <br /> common carriers, labor strikes or other difficulties or circumstances beyond its reasonable <br /> control. Grantee shall notify the 911 Board promptly of any factor, occurrence or event that <br /> comes to its attention that may affect or delay Grantee's ability to perform any of its other <br /> obligations hereunder. The obligations and rights of the excused party shall be extended on a <br /> day to day basis for the time period equal to the period of the excusable delay. <br /> 23. Dispute Resolution. The Parties agree that it is in their mutual interest to resolve disputes <br /> informally. A claim by Grantee shall be submitted in writing to the 911 Board for decision. A <br /> claim by the 911 Board shall be submitted in writing to Grantee for decision. The Parties shall <br /> negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time <br /> the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their <br /> respective duties and responsibilities under this Agreement. If a dispute cannot be resolved <br /> between the Parties within thirty (30) days after delivery of notice, either Party may elect to <br /> exercise any other remedies available under this Agreement, or at law; or invite the other party to <br /> submit the matter to mediation. If both Parties agree to submit the matter to mediation, the <br /> following actions shall be taken: <br /> a. Each Party shall recommend a mediator certified by the N.C. Courts after first <br /> determining that the recommended mediator, and said mediator's firm, if any, have no <br /> conflict or prior knowledge of the matter to be resolved, and no prior work for or against <br /> either Party; and, <br /> b. The recommended mediators must have knowledge of the general subject matter <br /> of the FCC 911 laws,regulations and 911 practices; and, <br /> C. The recommended mediators must be able to execute and deliver a satisfactory <br /> confidentiality and non-disclosure agreement if information exempt from disclosure <br /> under N.C. Gen. Stat. §132-1, et seq. is relevant or material to the matter to be resolved; <br /> and, <br /> d. Recommended mediators and their respective contact and qualification <br /> information shall be exchanged within five (5) days to each party as provided in <br /> Paragraph 28 below following the agreement to mediate; and <br /> e. Unless the Parties mutually agree to select a particular mediator, the selection of a <br /> mediator shall be determined by the Mediator's earliest available date to initiate <br /> mediation. Any agreement to mediate shall require the Parties to appear and mediate the <br /> matter in good faith in accordance with the schedule and calendar established by the <br /> Mediator; and, <br /> f. Provided, however, that this term shall not constitute an agreement by either Party <br /> to mediate or arbitrate any dispute; and that any agreement to mediate may be revoked or <br /> terminated without penalty therefore if so advised by the N.C. Attorney General. <br /> 24. Special Provisions and Conditions. <br /> a. The 911 Board may request from Grantee certain information that will assist 911 <br /> Board with evaluation of the short and long-range impact of its programs. Grantee <br /> recognizes that such requests may occur after termination of this Agreement and agrees, <br /> to the extent possible,to provide such information as requested. <br /> Page 10 of 17 <br />