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Res 2011-061
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Res 2011-061
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9/28/2011 4:17:08 PM
Creation date
6/2/2011 1:09:29 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-61
Date
5/17/2011
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credits, and refunds provided in Articles 15.1.1 and 15.1.3 for <br />Rate Disputes and Greater Contract Disputes. <br />15.2.6. Parties shall bear their own costs of non - binding arbitration, and shall split <br />the arbitrators' costs and fees equally. <br />15.3. Lesser Contract Disputes shall be resolved by binding arbitration pursuant to the <br />following procedures: <br />15.3.1. Following the Customer's submission of a Statement of Claim, if the LCRA <br />General Manager does not resolve the dispute to Customer's satisfaction <br />within thirty (30) days of receipt of Customer's Statement of Claim, or such <br />other period as Customer and LCRA's General Manager may otherwise <br />agree in writing, Customer may (i) provide written notice to the LCRA <br />General Manager requesting mediation ( "Mediation Notice ") or (ii) submit <br />the dispute to binding arbitration within twenty (20) days of the expiration <br />of the period for the LCRA General Manager to resolve the dispute by <br />delivering to the LCRA General Manager a written notice of binding <br />arbitration ( "Arbitration Notice "). <br />15.3.2. In the event Customer requests to mediate the dispute, the General Manager <br />shall consent to or reject such request within seven (7) days of receipt of the <br />Mediation Notice. If the LCRA General Manager rejects the mediation <br />request, such rejection shall be treated as an Arbitration Notice. In the <br />event the LCRA General Manager agrees to mediation, the Parties shall <br />initiate non - binding mediation to be administered by Lakeside Mediation <br />Center, or such other entity that is mutually acceptable to the Parties. After <br />sixty (60) days from the initiation of such mediation, if the dispute is not <br />resolved to the mutual satisfaction of the Parties, then either Party may <br />initiate arbitration by delivering to the other Party an Arbitration Notice. <br />15.3.3. In the event arbitration is commenced under this Article 15.3, it shall be <br />conducted in accordance with the United States Arbitration Act, 9 U.S.C. <br />§ 1 et. seq., except where specifically modified by the procedures described <br />in this Article 15.3. By mutual agreement, the Parties may in any given <br />arbitration under this Article 15.3 and for the purposes of that arbitration <br />alone modify or forego any procedural requirement or rule specified <br />hereunder, as allowed by law, as part of the arbitration process. <br />15.3.4. Promptly upon receipt or submission of an Arbitration Notice, LCRA shall <br />forward a copy of the Arbitration Notice to all Wholesale Customers. <br />15.3.5. The procedures for the arbitration of Lesser Contract Disputes are as <br />follows: <br />(a) No later than thirty (30) days following receipt of an Arbitration <br />Notice, the Parties shall agree upon a single arbitrator to conduct <br />the arbitration. If the Parties are unable to agree upon an <br />
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