Orange County NC Website
Browse       Search
35 <br />thereto in terms of priority of use of the Facility. In all instances when the Facility, or part <br />thereof, is to be used at the County's request or by the County pursuant to subparagraph (a) or (b) <br />above, a rent or use fee which otherwise would be chargeable for such event shall be deemed to <br />have been paid and such deemed payment shall constitute Operating Revenues for the purpose of <br />calculating the Operating Revenue Benchmark. <br />(d) The pazties aclniowledge that certain of the real property owned by the <br />County on or adjacent to the Facility is planned for construction of a Central Orange Senior <br />Center for use by the County and that the construction, use and existence of such shall not <br />constitute a breach hereunder by the County. Except as otherwise provided in this Agreement, <br />RFP has no responsibility whatsoever for such Senior Center. <br />13.2 Cooperation/Mediation. <br />(a) The parties desire to cooperate with each other in the management and <br />operation of the Facility pursuant to the terms hereof. In keeping with this cooperative spirit and <br />intent, any dispute azising hereunder will first be referred in writing to the parties' respective <br />agents or representatives prior to either party initiating a legal suit, who will endeavor in good <br />faith to resolve any such disputes within the limits of their authority and within forty-five (45) <br />days after the commencement of such discussions. If and only if any dispute remains unresolved <br />after the parties have followed the dispute resolution procedure set forth above, the matter will be <br />resolved pursuant to Section 1.3.2(b) below, <br />(b) The parties may agree to mediate any dispute arising hereunder. The <br />parties agree that any mediation proceeding (as well as any discussion pursuant to Section <br />1.3.2(a) above) will constitute settlement negotiations for purposes of the federal and state rules <br />of evidence and will be treated as non-discoverable, confidential and privileged communication <br />by the parties and the mediator.. No stenographic, visual or audio record will be made of any <br />mediation proceedings or such discussions. All conduct, statements, promises, offers and <br />opinions made in the course of the mediation or such discussion by any pazty, its agents, <br />employees, representatives or other invitees and by the mediator will not be discoverable nor <br />admissible for any purposes in any litigation or other proceeding involving the parties and will <br />not be disclosed to any third party. <br />(c) The parties' efforts to reach a settlement of any dispute will continue until <br />the conclusion of aziy mediation proceeding. The mediation proceeding will be concluded when: <br />(i) a written settlement agreement is executed by the parties, or (ii) the mediator concludes and <br />informs the parties in writing that further efforts to mediate the dispute would not be useful, or <br />(iii) the parties agree in writing that an impasse has been reached. Notwithstanding the foregoing, <br />either party may withdraw from a mediation proceeding without liability therefor in the event <br />such proceeding continues for more than forty-five (45) days from the commencement of such <br />proceeding, For purposes of the preceding sentence, the proceeding will be deemed to have <br />commenced following the completion of the selection of a mediator. <br />28 <br />