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Res 2003-127
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Res 2003-127
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Last modified
11/14/2003 2:51:53 PM
Creation date
11/10/2003 11:37:24 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-127
Date
8/11/2003
Volume Book
153
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PSAP04:Cities:5/03 <br /> <br /> 10.3. If CAPCO suspends payment to Public Agency under paragraph 10.1, or if this <br />contract is terminated under paragraph 10.1 or 10.2, CAPCO and Public Agency are each <br />entitled to compensation for goods and services each provided the other before receiving notice <br />of the suspension or termination. However, neither CAPCO nor Public Agency is liable to the <br />other for costs it paid or incurred under this contract after or in anticipation of its receipt of <br />notice of suspension or termination. <br /> <br /> t0.4. Termination for breach under paragraph 10.2 does not waive either party's claim <br />for damages resulting from the breach, and both CAPCO and Public Agency among other <br />remedies may withhold from compensation owed the other an amount necessary to satisfy its <br />claim against the other. <br /> <br /> 10.5. The ending of this contract under Art. 4 or its early termination under this Art. 10 <br />does not affect Public Agency's duty: <br /> <br /> (1) to repay CAPCO for expenditures made in violation of applicable law or policy in <br />accordance with paragraphs 3.3 and 3.4; <br /> <br /> (2) to preserve its records and permit inspection, copying, and auditing of its records and <br />visitation of its premises and personnel under Art. 8. <br /> <br />Art. 11. Dispute Resolution <br /> <br /> 11.1. The parties desire to resolve disputes arising under this contract without litigation. <br />Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute <br />between themselves. To this end, the parties agree not to sue one another, except to enforce <br />compliance with this Art. I 1, until they have exhausted the procedures set out in this Art. <br /> <br /> 11.2. At the written request of either party, each party shall appoint one nontawyer <br />representative to negotiate informally and in good faith to resolve any dispute arising under this <br />contract. The representatives appointed shall determine the location, format, frequency, and <br />duration of the negotiations. <br /> <br /> 11.3. If the representatives cannot resolve the dispute within 30 calendar days after the <br />first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center <br />of Austin for mediation in accordance with the Center's mediation procedures by a single <br />mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation <br />services. <br /> <br /> 11.4. The parties agree to continue performing their duties under this contract, which are <br />unaffected by the dispute, during the negotiation and mediation process. <br /> <br /> 11.5. If mediation does not resolve the parties' dispute, the parties may pursue their legal <br />and equitable remedies. <br /> <br />5 <br /> <br /> <br />
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