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Res 2014-140/ILA with Capital Area Emergency Communications District
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Res 2014-140/ILA with Capital Area Emergency Communications District
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Last modified
1/22/2015 3:54:54 PM
Creation date
10/13/2014 10:26:50 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2014-140
Date
10/6/2014
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PSAP City 2015 <br />Section 11. Dispute Resolution <br />11.1. The parties desire to resolve disputes arising under this contract without litigation. <br />Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute <br />between themselves. To this end, the parties agree not to sue one another, except to enforce <br />compliance with this Section 11, toll the statute of limitations or seek an injunction, until they <br />have exhausted the procedures set out in this Section. <br />11.2. At the written request of either party, each party shall appoint one nonlawyer <br />representative to negotiate informally and in good faith to resolve any dispute arising under this <br />contract. The representatives appointed shall determine the location, format, frequency and <br />duration of the negotiations. <br />11.3. If the representatives cannot resolve the dispute within 30 calendar days after the <br />first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center <br />of Austin for mediation in accordance with the Center's mediation procedures by a single <br />mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation <br />services. <br />11.4. The parties agree to continue performing their duties under this contract, which are <br />unaffected by the dispute, during the negotiation and mediation process. <br />11.5. If mediation does not resolve the parties' dispute, the parties may pursue their legal <br />and equitable remedies. <br />Section 12. Notice to Parties <br />12.1. Notice to be effective under this contract must be in writing and received by the <br />party against whom it is to operate. Notice is received by a party: (1) when it is delivered to the <br />party personally; (2) on the date shown on the return receipt if mailed by registered or certified <br />mail, return receipt requested, to the party's address specified in Section 12.2 and signed for on <br />behalf of the party; or (3) three business days after its deposit in the United States mail, with <br />first -class postage affixed, addressed to the party's address specified in Section 12.2. <br />12.2. CAECD's address is 6800 Burleson Rd., Bldg. 310, Ste. 165, Austin, TX 78744, <br />Attention: Executive Director. Public Agency's address is <br />Attention: <br />12.3. A party may change its address by providing notice of the change in accordance <br />with Section 12.1. <br />Section 13. Miscellaneous <br />13.1. Each individual signing this contract on behalf of a party warrants that he or she is <br />legally authorized to do so and that the party is legally authorized to perform the obligations <br />undertaken. <br />Page 5 of 6 <br />
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