Res 2013-113/Approving an Interlocal Funding Agreement - FM 110 TRZ Study - Phase II

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The County and the City, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of the other party with respect to all covenants of this Agreement. ARTICLE 6 NOTICE Except as may be otherwise specifically provided in this Agreement, all notices, demands, requests, or communications related to non - compliance issues required or permitted hereunder shall be in writing and shall either be (i) personally delivered against a written receipt, or (ii) sent by registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses set forth below, or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to the County: Hays County Attn: County Judge 111 E. San Antonio, Suite 300 San Marcos, Texas 78666 If to the Citv: City of San Marcos Attn: Jim Nuse 630 East Hopkins San Marcos, Texas 78666 ARTICLE 7 DISPUTE RESOLUTION 7.1 Negotiation. The Parties will attempt in good faith to resolve promptly through negotiation any claim or controversy arising out of or relating to this Contract. If a controversy or claim should arise, the Parties agree to each select a Representative and to have those Representatives meet at least once to attempt in good faith to resolve the dispute. For such purpose, any Party may request the others to meet within ten (I0) days, at a mutually- agreed -upon time and place. The Parties shall, within ten (10) days after the Effective Date of this Contract, each designate to the other their respective Representatives, who shall be an executive -level individual with authority to settle disputes. Each of the Parties may change the designation of its Representative, but shall maintain at all times during the term of this Contract a designated Representative and shall ensure that the other Parties are notified of any change in the designation of its Representative. 7.2 Mediation. If the dispute has not been resolved within sixty (60) days after the first meeting of the designated Representatives (or such longer period of time as may be mutually agreed upon), any of the parties may refer the claim or controversy to non - binding mediation conducted by a mutually - agreed -upon party qualified to perform mediation of disputes related to the subject matter of this Agreement (herein referred to as the "Mediator ") by sending a written mediation request to the other party. In the event that such a request is made, the Parties agree to participate in the mediation process. The Parties and the Mediator may join in the mediation any other party necessary for a mutually acceptable resolution of the dispute. Should the Mediator ever be unable or unwilling to continue to serve, the parties shall select a successor Mediator. The mediation procedure shall be determined by the ILFA - RR12 @OldKyleRd Page 3