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<br />Y/JV/YY <br /> <br />problem(s) requiring maintenance or repair, who performed the maintenance or repair, the <br />maintenance or repair performed, and the date(s) it was performed. <br /> <br />Misuse, Damage, or Destruction of Transferred Dictaphone Recorder(s) <br /> <br />7.1. If Public Agency uses the transferred Dictaphone recorder(s) in violation of <br />CAPCO's current Strategic Plan, Public Agency agrees to cease the misuse immediately upon <br />receipt of CAPCO's written notice to do so. If Public Agency continues to misuse the transferred <br />Dictaphone recorder(s) after receipt of CAPCO's notice, Public Agency agrees to retransfer <br />ownership of the transferred Dictaphone recorder(s) to CAPCO within 15 calendar days after <br />receipt of CAPCO's written instruction to do so. <br /> <br />7.2. If Public Agency intentionally or negligently misuses the transferred Dictaphone <br />recorder( s), and the misuse damages or destroys the transferred Dictaphone recorder( s), or <br />diminishes its operating capacity, Public Agency agrees at its own expense either to replace, <br />repair, or restore the transferred Dictaphone recorder(s) to their full operating capacity within a <br />reasonable time or to pay CAPCO to do so. If Public Agency elects to pay CAPCO, it agrees to <br />do so within 15 calendar days after receipt of CAPCO's invoice. <br /> <br />Disposition of Transferred Dictaphone Recorder(s) <br /> <br />8.1. Public Agency agrees not to encumber, transfer, or dispose of the transferred <br />Dictaphone recorder(s) without CAPCO's prior written consent. <br /> <br />8.2. If Public Agency determines that the transferred Dictaphone recorder(s) are no <br />longer needed for its intended purpose, Public Agency agrees to inform CAPCO in writing of <br />this determination and ask permission to use the transferred Dictaphone recorder( s) for another <br />public purpose or to dispose of the transferred Dictaphone recorder(s). CAPCO agrees to grant <br />this permission in writing unless it determines that the transferred Dictaphone recorder(s) should <br />be transferred to another local government or used as a trade-in to acquire a replacement for the <br />transferred Dictaphone recorder(s). <br /> <br />Dispute Resolution <br /> <br />9.1. The parties desire to resolve disputes arising under this transfer document without <br />litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve <br />the dispute between themselves. To this end, the parties agree not to sue one another, except to <br />enforce compliance with paragraphs 9.1-9.4, until they have exhausted the procedures set out in <br />these paragraphs. <br /> <br />9.2. 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 />transfer document. The representatives appointed shall determine the location, format, <br />frequency, and duration of the negotiations. <br /> <br />3 <br />