Res 2011-061 - Laserfiche WebLink

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this Agreement, and consider any relevant evidence and testimony, but shall not have the power to add to or to modify any provision of this Agreement or to recommend any additions or modifications or to render a decision that does not adopt the resolution requested by the prevailing Party in its proposal. The decision shall be rendered in writing, shall be final and binding upon the Parties, and shall be enforceable in any court of competent jurisdiction. (h) Parties shall bear their own costs of arbitration, and shall split the arbitrator's costs and fees equally. 15.4. The Parties agree that, notwithstanding anything in this Agreement to the contrary, no decision rendered by the arbitrator(s) may in any way prevent LCRA from establishing and collecting fees and charges that will produce revenues sufficient to pay the items specified in Article 8503.011 of the Texas Special District Local Laws Code, or impair the rights and remedies of any bondholder of the LCRA. 15.5. Any agreement between LCRA or GenTex and the Rates and Resources Council or any recommendation of the Rates and Resources Council that, pursuant to a contractually binding arrangement among LCRA, GenTex and the Rates and Resources Council, is made binding on LCRA and the Customer will control the interpretation and implementation of the relevant provisions of this Agreement and the GenTex Agreement, as applicable, to the extent provided by the terms of the foundational agreement. LCRA and Customer will have the right to enforce any such interpretation or implementation by alternative dispute resolution under Article 15 if applicable or by legal or equitable action, and LCRA and Customer will have no right to exercise its individual contract rights to challenge such interpretation or implementation to the extent that those matters were resolved in such binding agreement or recommendation. Such an interpretation or implementation takes precedence over any previous award from an alternative dispute resolution proceeding, and if Customer is a party to a pending alternative dispute resolution proceeding covering the subject matter of any such interpretation or implementation when it becomes binding on Customer, Customer and LCRA will join in the dismissal of such pending proceeding as to such subject matter.