Laserfiche WebLink
20. Should the County or City fail to fully perform any <br />of the terms, conditions or covenants herein contained, the County <br />or City shall provide the other party with written notice clearly <br />specifying the areas of non-performance. Upon receipt of such <br />notice, the City or County shall correct all such non-performance <br />as soon as possible and in no event later than ninety (90) days. <br />Should all default(s) not be corrected within the ninety (90) <br />day period, the City or County shall have the right to arbitrate <br />the controversy. Any controversy or.claim arising out of or <br />relating to this Agreement or the alleged breach thereof will be <br />submitted to arbitration upon the written demand of one party <br />served upon the other. The arbitration process shall comply with <br />and be governed by the Rules of the American Arbitration Association. <br />There shall be three (3) arbitrators, one named in writing by <br />each of the parties within fifteen (15) days after demand for <br />arbitration is received, and a third arbitrator to be chosen by <br />the two so named. All said arbitrators shall be knowledgable <br />in the area of utilities. The decision of any two arbitrators <br />shall be final and binding upon both parties hereto. <br />All costs and expenses associated with the arbitration process, <br />including the fees of the arbitrators, shall be borne by the losing <br />party. The successful party shall recover as costs and expenses <br />reasonable attorney's fees incurred in connection with the <br />arbitration process. <br />21. It is understood and agreed by and between the parties <br />hereto that if any condition or provision contained in this Agree- <br />ment is held invalid through the arbitration process, such in- <br />validity shall not affect the validity of any other condition or <br />provision herein contained; provided, however, that the invalidity <br />of any such condition or provision does not materially prejudice <br />either the City or the County in its respective rights and <br />obligations contained in the remaining valid conditions or pro- <br />visions of this Agreement. <br />22. No party to this Agreement shall be liable to the other <br />for failure, default, or delay in performing any of its obligations <br />-10- <br />JAN U I� <br />8,90K 8 PAGE 634 <br />