Reso 2016-2515 - Laserfiche WebLink

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mediation may be commenced on or after the thirtieth (30th) calendar day after the mediator is selected. Each party agrees that it will designate a representative,having authority to bind that party, who will attend all mediation hearings. Both parties shall endeavor,in good faith,to reach a resolution of the claim during the mediation. The mediator shall submit a sworn affidavit to both parties indicating that the mediator has no past or present affiliation with either the CONTRACTOR or the CITY. 16.4.5 If the parties cannot agree on the production of documents or information(including rules relating thereto),then the mediator shall make a determination as to the scope and nature of the exchange. 16.4.6 Proceeding Costs and Fees. All parties participating in the non-binding mediation shall be responsible for their own costs, expenses and attorney fees necessary to pursue or defend against claim(s) raised under these provisions; however, the parties shall equally share the costs of any meeting or hearing place and the fees of the mediator. 16.4.7 Enforceability and Form of Decision. The decision resulting from mediation is not binding on any party participating in the mediation unless and until the parties agree to it in writing. In the absence of a written consent accepting the mediator's decision,the decision shall have no force or effect whatsoever. 16.4.8 Florida Law/Venue/Jurisdiction. This Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. The Parties hereto hereby submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida for any action or proceeding arising out of or relating to this Agreement and the Parties hereto hereby agree that all claims in respect of such action or proceeding shall be heard and determined exclusively in any such state or federal court. The parties expressly waive any rights either party may have to a trial by jury of any civil litigation related to any cause of action under this Agreement. Nothing in this Agreement is intended to waive the City's sovereign immunity defenses, including but not limited to the limitations on damages pursuant to Section 768.28, Florida Statutes. 16.4.9 Attorneys' Fees. In the event of any dispute arising under or related to this Agreement, the prevailing party shall be entitled to recover all reasonable attorney fees, costs and expenses incurred by it in connection with that dispute and/or the enforcement of this Agreement, including all such reasonable attorney fees, costs and expenses at all judicial levels, including appeal until such dispute is resolved with finality. ARTICLE 17-NOTICE,COMPUTATION OF TIME ARTICLE 17.1 Giving Notice. All notices required by any of the Contract Documents shall be in writing and shall be deemed delivered upon mailing by certified mail,return receipt requested to the following: 34