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2000-266H
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2000-266H
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Last modified
7/18/2024 3:41:42 PM
Creation date
7/18/2024 3:15:25 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/07/2000
Control Number
2000-266H
Agenda Item Number
10.B.7.
Entity Name
Los Angeles Dodgers, Inc.
Subject
Application for Certification of retained Spring Training Franchise to
Florida Office of Tourism, Trade & Economic Development
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40 <br />Il'i <br />9.6 Clam jgsolution. <br />(a) Disputed Claims between the County and the Dodgers shall be resolved first by <br />negotiation of the parties, and if such negotiation does not resolve any disputed Claim, such Claim <br />shall be submitted to arbitration for resolution. Disputed claims between the Design Build Firm and <br />the Dodgers shall be resolved in accordance with the Design Build Agreement. <br />(b) Any unresolved Claim arising out of or relating to this Agreement shall be resolved <br />by expedited arbitration administered by the American Arbitration Association ("AAA") as provided <br />in this Section and the Commercial Arbitration Rules of the AAA (the "AAA Rules") in effect as of <br />the commencement of the applicable arbitration proceeding, except to the extent the then current <br />AAA Rules are inconsistent with the provisions of this Section, in which event tate terms hereof shall <br />control. The arbitration shall be governed by the United States Arbitration Act and the Florida <br />Arbitration Code to the extent the Florida Arbitration Code is not inconsistent with the United States <br />Arbitration Act and this Section, and judgment upon the award entered by the arbitrators may be <br />entered in any court having jurisdiction. <br />" (c) Any arbitration pursuant to this Section shall be conducted in Indian River County, <br />Florida. <br />(d) (i) The arbitration shall be conducted by one (1) arbitrator in accordance with the <br />{ AAA Rules for Expedited Procedures, which arbitrator shall be selected in accordance with the AAA <br />Rules for Expedited Procedures, and which arbitrator shall have had experience in large-scale <br />commercial construction. <br />(ii) In connection with an arbitration proceeding: A No arbitrator shall have <br />(��} Y p g� ( ) <br />been employed or engaged by a party hereto or its construction consultants within the previous <br />five (5) year period; (B) The arbitrator shall be neutral and independent of the parties to this <br />Agreement and their respective construction consultants; (C) No arbitrator shall be affiliated with <br />" either party's auditors; and (D) No arbitrator shall have a conflict of interest with (including, without <br />limitation, any bias towards or against) a party hereto or its then current construction consultants. <br />(e) The award of the arbitrator shall be accompanied by a statement of the reasons upon <br />which the award is based. The arbitrator shall not have the power to modify this Agreement. The <br />award may not include, and the parties specifically waive, any award of punitive damages. The fees <br />and costs of the arbitrator shall be borne equally by the parties. <br />(f) The arbitrator may consolidate proceedings with respect to any Claim under this <br />t, Agreement with proceedings with respect to any related controversy, provided that any parties to <br />such controversy who are not parties to this Agreement consent to such consolidation. <br />
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