Orange County NC Website
69 <br />privileged under any applicable arbitration privilege, are subject to Rule 408 of the Federal Rules <br />of Evidence and any state counterpart rules or doctrine and are inadmissible and not discoverable <br />for any purpose, including impeachment, in litigation between the Parties to the litigation; <br />provided, however, that evidence that is otherwise admissible or discoverable shall not be <br />rendered inadmissible or non-discoverable as a result of its presentation~r-use during the dispute <br />resolution process hereunder. <br />142. Notice. If a Dispute arises under this <br />claimant Party (the <br />"Claimant") shall provide a written notice of the Dispute ("Notice of Dispu~~'" Ito the other Party <br />~. <br />. ~.:: ,, <br />("Respondent"), which shall contain a reasonably detailed statement of the natur~u,the Dispute <br />and the relief requested. A Notice of Termination issued in accordance with Article VI shall be <br />deemed a Notice of Dispute for purposes't?tx..Article XI. <br />143. Executive Review. Upon `receipt ~ '~~~N~otice of Dispute, the University's <br />~, <br />Director of Energy Services and the Assistant _ianty Maner shall meet in person and, unless <br />r <br />the Parties mutually agree in writing to a different t„~im~, e period, shall have thirty (30) calendar <br />4 <br />da s to discuss _GO ider and attempt in good faitho resolve the Dispute. If, upon the expiration <br />Y ~~ ~,L <br />of such.~:fiine penod, " --~eniversity s Director of Energy Services and the Assistant County <br />~s~lP~ ~ P3r~~, <br />Mana~er~'la:~ue been unable o~r~solve the Dispute, then they shall immediately submit the dispute <br />for Senior Ex "' uttye Review a ` r accordance with Para_g_raph 144 of this Agreement. <br />~~a~~ ~,: <br />°~:~~: <br />144. Senb~~ x utive Review. For disputes that are submitted for Senior Executive <br />.,,{~~ , <br />Review pursuant to F aragraph 143 of this Agreement, the University's Associate Vice <br />Chancellor for Campus Services (or higher-level authority) and the County Manager (or higher- <br />level authority) shall meet in person and, unless the Parties mutually agree in writing to a <br />different time period, shall have thirty (30) calendar days to discuss, consider and attempt in <br />46 <br />{00018638.DOC 16} <br />