Res 2011-061 - Laserfiche WebLink

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15.1.4. Disputes regarding any matters arising out of or related to this Agreement other than Rate Disputes and Resource Disputes and not covered by Article 15.1.3 ( "Lesser Contract Disputes') shall be governed by binding arbitration pursuant to Article 15.3, save and except that no Lesser Contract Dispute shall be submitted to binding arbitration until after the Party alleging a breach of contract has provided the breaching Party written notice stating with specificity the alleged breach, and only after allowing the alleged breaching Party thirty (30) days to cure the alleged breach. 15.2. Unless in conflict with language in Articles 15.1.1, 15.1.2, and 15.1.3 above, the procedures common for the non - binding arbitration of Rate Disputes, Resource Disputes, and Greater Contract Disputes are as follows: 15.2.1. Within thirty (30) days of the appointment of the third arbitrator, the presiding member shall notify the Parties of the date of the non - binding arbitration hearing, which date shall not be more than one hundred fifty (150) days from the date of the appointment of the third arbitrator in the case of a Rate Dispute or Greater Contract Dispute, and one hundred twenty (120) days in the case of a Resource Dispute. 15.2.2. The non - binding arbitration proceeding shall be conducted consistent with the procedures set forth in Articles 171.041 - 171.054 of the Texas General Arbitration Act, except that (i) depositions and other discovery shall be completed within one hundred fifteen (115) days of the appointment of the third arbitrator, (ii) evidence by affidavit or pre -filed testimony shall be allowed, subject to the right of a Party to cross - examine the affiant or witness at the hearing, (iii) at least ten (10) days prior to the non - binding arbitration hearing, each Party shall disclose a list of all documentary evidence to be used and a list of all witnesses and experts to be called in the non - binding arbitration hearing, provided that all such documentary evidence and all witnesses have been theretofore identified through the discovery process, (iv) the hearing shall not exceed ten (10) working days, and (v) the procedures set forth in this Agreement control if in conflict with those set forth in the above- referenced provisions of the Texas General Arbitration Act. Non - binding arbitration hearings shall be transcribed by a certified court reporter, with the costs of the transcription being borne equally by the Parties. The court reporter shall administer the oath to witnesses. 15.2.3. Any party to the non - binding arbitration may request that a preliminary conference be held among the parties and/or their attorneys or other representatives and the arbitrators. If requested, such conference will be conducted in person, provided that parties may elect to attend via telephone. (a) At the conference, the matters to be considered may include, without limitation: