Reso 2016-2569 - Laserfiche WebLink

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(a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust CITY dispute resolution procedures prior to filing suit or otherwise pursuing legal remedies. CITY dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures," Seminole CITY Administrative Code. Contract claims include all controversies, except disputes addressed by the "Prompt Payment Procedures," arising under this Agreement within the dispute resolution procedures set forth in Section 3.5540, "Contract Claims," Seminole CITY Administrative Code. (b) VENDOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in CITY dispute resolution procedures set forth in subsection (a) above of which VENDOR had knowledge and failed to present during CITY dispute resolution procedures. (c) In the event that CITY dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation Section 17. Representatives of CITY and VENDOR. (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement will arise. CITY, upon request by VENDOR, will designate and advise VENDOR in writing of one or more of its employees to whom all communications pertaining to the day to day conduct of this Agreement shall be addressed. The designated representative shall have the Contract for Outfitting Police Vehicles Page 11 of 15 SIB