Supporting Documentation · Jun 24, 2025
157-25 Exhibit.pdf
e40bc35b39e121949f5c63d295dd8a2a0a65cca9e946c1314eb31086134e97bcIndexed text · page 51
Show all pagesRev. 10/1/2018 In the event that the parties are unable to directly resolve a problem within 10 days of the first notice of the dispute, the aggrieved party shall promptly submit a written notice of dispute to the other party. The other party shall respond in writing. Demand for mediation of any claim shall not be made until the earlier of the following: (i) Five 5) business days after the other party has provided its written response to the aggrieved party's notice of dispute; (ii) Thirty (30) days have passed after submission of the original, written claim by the aggrieved party and the other party has not responded. If the written response from the other party does not resolve the dispute, the aggrieved party shall have thirty (30) days from the delivery of the other party’s response to file a demand for mediation. If the aggrieved party fails to do so, it shall be deemed to have waived its right pursuant to this contract to demand Alternative Dispute Resolution. A party who files a “Notice of Demand for Mediation” must assert in the demand all claims then known to that party for which mediation May be demanded. If a party fails to include a claim because of excusable neglect, or when a claim has matured or been acquired subsequently, the mediator or mediators may permit amendments. Procedure to Request Mediation. Either party may demand mediation by written notice to the other party. The written notice shall contain at minimum 1) a brief statement of the nature of the dispute, and 2) the name, address and the phone number of that party’s designated representative for purposes of mediation. The other party shall designate its representative for mediation in writing no later than five (5) business days after receipt of the demand for mediation. The respective designees shall thereupon promptly, and with due regard for the need for timely action, choose a mediator. If the parties cannot agree on a mediator, they shall choose a reputable mediation firm. Any mediation firm so chosen shall present a list of at least five (5) proposed mediators to the parties and shall provide the parties with a summary of each person's qualifications to serve as mediator. Each party shall rank the proposed mediators in order of preference. The fifth and any lower ranked persons on each list will be excluded from further consideration. The chosen mediator shall be the
Each party shall rank the proposed mediators in order of preference. The fifth and any lower ranked persons on each list will be excluded from further consideration. The chosen mediator shall be the remaining person who is the combined highest ranking mediator on both preference lists, after deleting all excluded persons. In the event of a tie, the mediator shall be chosen by lot. Procedures at Mediation. The mediation shall be conducted in such reasonable and efficient manner as may be agreed between the parties and the mediator or, if the parties cannot agree, as may be determined by the mediator. The parties will not be bound by the Rules of Evidence in presenting their positions before the mediator. Cost of Mediation. Each party will bear its own cost of participation in the mediation. The mediator’s fee will be divided equally between the parties. General Information Page7
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- Sep 29, 2026
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