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may by agreement and in good faith conduct further meetings as necessary to resolve the <br /> matter(s). <br /> If resolution is not achieved, any Party may demand mediation in writing. Upon such <br /> demand, all Parties shall be required to participate in mediation. The dispute(s) to be <br /> mediated shall be memorialized in writing.The Parties shall in good faith select a mediator <br /> certified in accordance with the rules of mediator certification in Superior Court in North <br /> Carolina. If the parties are unable to agree to a mediator,a mediator will be appointed by <br /> the American Arbitration Association. If, after all reasonable good faith attempts to <br /> resolve the matter have been made, and it appears to the mediator that the parties are <br /> at an impasse with no significant likelihood of reaching resolution, the mediator shall <br /> issue a written notice of impasse identifying the unresolved issue(s) between the Parties. <br /> Following a declaration of impasse by the mediator, the unresolved issue(s) shall be <br /> arbitrated upon the written demand of any Party.The arbitration shall be expedited,and <br /> the American Arbitration Association rules shall apply to the arbitration,unless the Parties <br /> agree otherwise. Prior to arbitration,the Parties may bring forward all possible remedies <br /> that may be considered by the arbitrator(s). The arbitration hearing shall take place in <br /> Wake County, North Carolina, before a panel of three (3) arbitrators, with Orange <br /> selecting one (1) arbitrator, Durham selecting one (1) arbitrator, and those two (2) <br /> arbitrators jointly selecting the third arbitrator, unless Durham and Orange can reach <br /> consensus on a single arbitrator. The decision of the arbitrator(s) shall be by simple <br /> majority and binding upon the Parties. Judgment on an award rendered in any such <br /> arbitration may be entered in the Superior Court of Wake County. <br /> Each Party shall bear its own costs related to the foregoing dispute resolution process, <br /> including reasonable attorneys' fees, except that all mediation and/or arbitration fees <br /> charged by a mediator or arbitration panel shall be divided equally among the Parties. <br /> Each Party hereby consents to any such disputes being so resolved. <br /> 16. if the balance of the Dedicated Local Transit Revenues attributed to a county is insufficient <br /> to meet that county's respective share of costs,then neither Orange nor Durham shall be <br /> obligated to use revenues other than the Dedicated Local Transit Revenues to pay its <br /> respective share. <br /> 17. If, after the effective date of this Agreement, the Parties are authorized to levy new <br /> transit-specific taxes or fees, or if the limits of the Dedicated Local Transit Revenues are <br /> expanded by the North Carolina General Assembly,this Agreement shall not obligate the <br /> use of such additional revenues for the D-O LRT Project. <br /> 18. GoTriangle shall provide an annual report on the collection, allocation, and expenditure <br /> of the Dedicated Local Transit Revenues to the elected governing boards of Durham and <br /> Orange. GoTriangle shall provide to the governing boards of Durham and Orange copies <br /> of its annual audit reports as those reports are related to the collection of transit revenues <br /> 6 <br />