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45 <br />Committee shall appoint each member of the Subcommittee for a definite term. The <br />members must be representative of the Participants, have diverse skill sets, and be <br />able to help facilitate and reach resolution on conflicts between the Participants. The <br />Subcommittee must have access to legal counsel to advise it on the law relevant to <br />matters before it. <br />b. In addition to appointing the five (5) members of the Subcommittee, the <br />Coordinating Committee must also appoint three (3) to five (5) alternates for the <br />Subcommittee. Alternates will serve on the Subcommittee should any of the <br />members have a conflict on a particular Dispute or in the event that a member(s) is <br />unavailable. Subcommittee members are required to declare any conflicts in <br />accordance with the Coordinating Committee's conflict of interest policy. Once a <br />Subcommittee member declares a conflict, the remaining Subcommittee members <br />shall decide amongst themselves whether such member must withdraw from the <br />Subcommittee for the dispute in question. <br />c. The Subcommittee must also have access to panels of subject matter experts, as <br />identified by the Coordinating Committee, for a variety of topics that may be <br />implicated by a Dispute. Each subject matter expert panel must have at least three <br />(3) experts on it who will rotate as advisors to the Subcommittee. <br />1.2.4 Once a Participant escalates a Dispute to the Subcommittee, the Subcommittee will have <br />thirty (30) calendar days in which to convene a meeting of the involved Participants <br />("Committee Meeting"). During this meeting, each Participant shall be able to present its <br />version of the Dispute and any information that it believes is pertinent to the Subcommittee's <br />decision. <br />1.2.5 The Subcommittee shall have the ability to request additional information from the <br />Participants to help it make its determination. The Subcommittee, however, shall not have <br />the authority to compel a response or the production of testimony or documents by the <br />Participants. To the extent that the Participants do respond to requests of the Subcommittee <br />by producing documents, Participants shall have the ability to mark the documents produced <br />as "Confidential Participant Information" and the Subcommittee shall treat those documents <br />in accordance with Section 16 of the DURSA. <br />1.2.6 The Subcommittee is encouraged to develop an appropriate and equitable resolution of each <br />submitted Dispute, considering all available evidence, the goals of the Agreement and other <br />relevant considerations. The Subcommittee must also have the authority to recommend <br />sanctions for the breaching Participant. These sanctions include developing corrective action <br />plans, suspension of participation rights, and termination of participation rights. The type of <br />sanction will depend on the nature and severity of the breach. <br />1.2.7 Within fifteen (15) calendar days of the Subcommittee Meeting, the Subcommittee shall <br />issue a written recommendation for resolution, including an explanation of the basis and <br />rationale of its recommendation. If either Participant is dissatisfied with the Subcommittee's <br />recommendation for resolution, it shall have five (5) business days in which to escalate the <br />Dispute to the Coordinating Committee. <br />1.2.8 Within twenty (20) calendar days of receiving notice of escalation from a Participant, the <br />Coordinating Committee shall review the Subcommittee's recommendation along with the <br />information on which such recommendation was based and issue a final resolution. The <br />Coordinating Committee may seek additional information from the Participants to aid its <br />resolution of the Dispute. <br />DocuSign Envelope ID: 47B4445A-C7CA-4D2E-9075-2AFD82F82DEC