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69 <br />privileged under any applicable azbitration 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 presentatior~~r use during the dispute <br />,~,~: <br />resolution process hereunder. ~~ <br />"~ <br />142. Notice. If a Dispute arises under this "eement , tie claimant Party (the <br />~;v <br />~r`~z , <br />"Claimant") shall provide a written notice of the Dispute ("Notice of Dispute' ;;:to the other Party <br />`- ; , <br />("Respondent"), which shall contain a reasonably detailed statement of the natur~~*o` ~~`the Dispute <br />and the relief requested. A Notice of Termination issued in accordance with Article VI shall be <br />~~:- <br />deemed aNotice of Dispute for purposes'4~ t` t~°i~,.Article XI. <br />~ ~~, <br />143. Executive Review. Upon `~ ~~~ ' `~- t' f Dis ute the University's <br />Director of Energy Services and the Assistant <br />the Parties mutually agree in writing to a di <br />~.~ ~ce o p , <br />~,.. .. ~ <br />Manager shall meet in person and, unless <br />period, shall have thirty (30) calendar <br />days to discuss~,~consider and attempt in good faith"~o resolve the Dispute. If, upon the expiration <br />of suc ~,;h ;,dime period; ~e ZJniversity s Director of Energy Services and the Assistant ounty <br />,~ ~, <br />been unable ;~.'~~solve the Dispute, then they shall immediately submit the dispute <br />for Senior Ex ,~e Review~g accordance with Pazag~aph 144144 of this greement. <br />~t.~~n ~ <br />144. Senib~~x cutive Review. For disputes that are submitted for Senior Executive <br />~rs~ <br />Review pursuant to ~~ tara~raph 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 />