Res 2011-061 - Laserfiche WebLink

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LCRA Board, whereupon the LCRA Board shall promptly deliberate and vote to approve, modify, or reject the decision of the arbitrators. If the LCRA Board decision is not consistent with the arbitrators' decision, the Parties agree that the arbitrators' decision shall be admissible in a subsequent Rate Dispute (and related judicial proceeding). 15.1.3. Disputes regarding any matters arising out of or related to this Agreement other than Rate Disputes and Resource Disputes and involving two Million Dollars ($2,000,000) or greater ( "Greater Contract Disputes ") to Customer or anv combination of Wholesale Customers shall also be submitted to non- binding arbitration, and shall be governed by Articles 15.1.1(a), 15.1.1(b), 15.1.1(d), and 15.1.1(e), as applicable, save and except that (i) no Contract Dispute shall be submitted to non - 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, and (ii) the Party - appointed arbitrators each shall have a minimum of ten 1( 0)y ears commercial experience, and the third arbitrator shall be a licensed attorney with a minimum of ten (10) years of commercial litigation experience. (a) The arbitrators' decision shall be based upon a preponderance of the evidence, and the party alleging a breach of the Agreement shall have the initial burden of proof. (b) Neither Party shall be entitled to monetary damages. To the extent any portion of an arbitrators' decision is favorable to Customer, Articles 16.7 through 16.9 shall apply, and Customer may obtain a refund of any over - payment, with interest accruing at the Interest Rate, for a period not to exceed thirty -six (36) months from the date of the breach in the form of a credit against future bills (net of any amount withheld by Customer). To the extent any portion of an arbitrators' decision is favorable to LCRA, LCRA shall be entitled to a refund of amounts withheld by Customer. (c) Following non - binding arbitration, any Party dissatisfied with the arbitrators' decision or with LCRA's implementation of the decision retains the right to have the matter resolved in the judicial branch pursuant to Article 15.2.5 hereof. (d) It is expressly understood and agreed that Customer may exercise its rights under Articles 14 or 16 to withhold payment of any Disputed Amounts relating to the failure of the LCRA Board to follow the decision of the arbitrators in respect to any. Greater Contract Dispute, or for failing to follow the mandatory dispute resolution process in this Article 15.