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975054 Historical
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975054 Historical
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Last modified
1/30/2009 2:03:01 PM
Creation date
1/2/2009 2:12:36 PM
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PW_Capital
PW_Document_Type_Capital
Admin Documents
PW_Active
Yes
External_View
No
GJN
003454
GL_Project_Number
975054
Identification_Number
Historical
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, <br /> . ~ <br /> > ~ 1 <br /> Either party may change its representative by providing the other party written notice of the new <br /> representative s name and address. <br /> i Section 14. Indemnification _ <br /> i <br /> To the extent legally possible, District and City each shall indemnify and hold the other, <br /> its officers, agents and employees, harmless from and against any and all claims, actions, <br /> ' liabilities, costs, including costs of defense, arising out of or in any way related to any act or <br /> failure to act by the first party and its employees, agents, officers and contractors in connection <br /> with this contract. <br /> Section 15. Insurance <br /> City and District, at their sole expense shall maintain all risk property and public liability _ <br /> insurance Iicies on the r <br /> Po os ctive <br /> ro rties <br /> P ~ p pe included in this a cement. <br /> liabilit re ~ .The initial limits of <br /> uired will be <br /> Y 2 <br /> q $ ,000,000 for each occu <br /> rre <br /> nce <br /> <br /> i and Z <br /> $ 000 000 in the <br /> a <br /> re ate for the <br /> g <br /> g g <br /> liabilit eovera es and all <br /> Y ro e <br /> g p p rty upon completion of construction shall be written on <br /> replacement cost basis. City and Distnct ~oth.._a r_ee__that_either_. art. _2S__atztih®rized-to-c - <br /> deductibles or self-insurance on-any or all lines of coverage up to $750,000 for each occurrence. <br /> Section 16. Dispute Resolution <br /> City and District shall attempt to resolve all disputes through staff discussions at the <br /> lowest possible level. Both arties t <br /> o this <br /> A reeme <br /> n <br /> P t a ree <br /> to. r <br /> g ovide othe <br /> r res <br /> g ources and <br /> P <br /> personnel to negotiate and find resolution to disputes that cannot be resolved at the staff level. <br /> As a next step, claims, disputes or other matters in question between the. parties to .this <br /> Agreement arising out of or relating to this Agreement, or breach thereof shall be determined by <br /> ,mediation, arbitration, or litigation. Disputes shall be initially submitted to mediation by a <br /> mediator chosen by the parties. The cost of mediation shall be borne equally by the parties. If <br /> the parties are unable to agree upon a mediator within 5 days or if mediation fails to resolve the <br /> dispute and if either party wants to further pursue the disputz, either party niayrequest that the , <br /> dispute be submitted'to azbitration before a single arbitrator agreed to by the parties. If both <br /> parties agree to arbitration but are unable to agree upon an arbitrator, each party shall select an <br /> arbitrator, the arbitrators so chosen shall select a third, and the decision of a majority of the . <br /> azbitrators shall be final, binding the parties, and judgment may be entered thereon. Unless. the <br /> parties mutually agree otherwise, any arbitration proceeding shall be conducted in accordance _ <br /> with the currently in effect Arbitration Rules of the American Arbitration Association pursuant <br /> Intergovernmental Agreement^joinf Use and Development of You11~$p_orts1'arks_and_Athletic-Fie-lds <br /> ._._..---._-`Page <br /> 9 of11 <br /> 00mp_Q4Z7 <br /> _ _ _ _ <br /> _ _ _ _ _ _ <br /> <br />
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