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Supporting Documentation · Sep 4, 2018

206-18 Exhibit to Resolution Authorizing Temporary Extension of Contract with Reliable Wood for Operation of Recycling Center.pdf

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L171 In the event the dispute is not then resolved, the matter shall be submitted to an alternate dispute resolution (ADR) procedure determined by the Township Attorney or submitted to a court of competent jurisdiction, in the Township’s sole discretion. The Respondent consents to injunctive relief at any time to protect the health and safety of the Township residents and maintain the operations in conformance with all governmental laws. Any and all costs of ADR shall be bore by the Respondent. To the extent that the Township seeks to enforce this Contract or is required to seek any relief through ADR or Court intervention, Respondent shall pay all fees and expenses incurred by the Township and shall indemnify the Township for any damages, fees and expenses. The types of disputes and the relevant procedures are set forth in N.J.S.A. 40A:11-50 which provides: All contract documents entered into in accordance with the provisions of P.L. 1971, ¢ 198 (C:40A:11-1 et seq.) after the effective date of PLL. 1977, c. 371 (C:40A;11-50) shall provide that disputes arising under the contract shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such a mediation, binding arbitration or non-binding arbitration pursuant to industry standards, prior to being submitted to a court for adjudication. Nothing in this section shall prevent the contracting unit from seeking injunctive or declaratory relief in court at any time. The alternative dispute resolution practices required by this section shall not apply to disputes concerning the bid solicitation or award process, or to the formation of contracts or subcontracts to be entered into pursuant to P.L. 1971, c. 198 (C:40A:11-1 et seq). Notwithstanding industry rules or_any. provisions.of law_to the-contrary,-— .-_-__ --_- - whenever a dispute in a contract involving construction relates, to a contract involving design, architecture, Engineering or management, upon the demand of contracting party, other interested parties to the dispute shall be joined unless the arbitrator or person appointed to resolve the dispute determines that such joinder is inappropriate. Notwithstanding industry rules or any provision of law to the contrary, whenever more than one dispute ofa similar nature arises under a construction contract, or related construction contracts, upon the demand of a

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industry rules or any provision of law to the contrary, whenever more than one dispute ofa similar nature arises under a construction contract, or related construction contracts, upon the demand of a contracting party, the disputes shall be joined unless the arbitrator or person appointed to resolve the dispute determines that the dispute are inappropriate for joiner. Affirmative Action Requirements Exhibit B (Rev. 9/92) P.L. 1975, C. 127 (NJA.C.17:27) Mandatory Affirmative Action Language Goods, Professional Services and General Service Contracts During the performance of this contract, the Contractor agrees as follows. A The Contractor or Subcontractor, where applicable, will not discriminate against any employee or applicant for employment 14

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