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Last modified
8/31/2023 11:45:49 AM
Creation date
8/31/2023 11:32:56 AM
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Contracts
Company Name
MICAH'S WAY
Contract #
A-2023-153
Agency
City Attorney's Office
Council Approval Date
8/15/2023
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DocuSign Envelope ID: 3B99AD9E-11 B9-4253-AWMA95506756C9 <br />controversies, or claims (collectively, "Disputes" and individually, "Dispute") arising out of or <br />relating to (a) the breach, enforcement, or interpretation of any of the terms or conditions of this <br />Agreement or (b) the determination of the scope of the Meet and Confer, Mediation, and <br />Enforcement Motion procedures set forth below. <br />4.3 Meet and Confer Requirement. Should any Dispute arise between the Parties, the <br />complaining Party (the "Complainant") shall provide the other Party (the "Responding Party") <br />with written notice (the "Dispute Notice") describing the precise nature of the Dispute and shall <br />also provide whatever evidence or information the Complainant possesses that the Complainant <br />believes is relevant to the Dispute. Within five (5) court days after receipt of the Dispute Notice, <br />the Responding Party shall provide whatever evidence or information the Responding Party <br />possesses that the Responding Party believes is relevant to the Dispute. Within ten (10) court <br />days following service of the Dispute Notice, the Parties shall meet and confer in an informal <br />effort to resolve the Dispute without any further proceedings. If the Dispute is resolved through <br />the Meet and Confer process, the Parties shall memorialize their resolution of the Dispute in a <br />writing to be signed by the Parties. <br />4.4 Preservation of Status Quo Ante Following Receipt of Dispute Notice, Injunctive <br />Relief. Upon receipt of a Dispute Notice, and until the Dispute Resolution Process has been <br />completed in accordance with the procedures set forth in Sections 4.3 through 4.6, inclusive, <br />both of the Parties shall maintain and preserve the status quo as it existed before the Dispute <br />arose and shall forbear and refrain from materially altering such status quo ante. In the event that <br />one of the Parties does not comply with the provisions of this Section 4.4, the other Party may <br />apply to the Court for a temporary restraining order and/or a preliminary injunction to preserve <br />the status quo ante pending the completion of the Dispute Resolution Process. <br />4.5 Mediation. Should any Dispute not be resolved within ten (10) court days following <br />service of the Dispute Notice through the Meet and Confer process described above, either Party <br />may request that the Dispute be submitted to a one -day mandatory mediation before the U.S. <br />Magistrate Judge assigned to the Action. The Parties shall cooperate in expediting the <br />scheduling of the Mediation. If the Dispute is resolved through the Mediation process, the <br />Parties shall memorialize their resolution of the Dispute in a writing to be signed by the Parties. <br />4.6 Enforcement Motion. Should any Dispute not be resolved through the Meet and <br />Confer and Mediation processes described above, the Complainant may file and serve anoticed <br />motion (the "Enforcement Motion") with the Court to enforce the Agreement and resolve the <br />Dispute. Unless the Court orders otherwise, the Court's normal rules governing the scheduling <br />of motions and the filing and service of motion papers, opposition papers, and reply papers shall <br />apply to the Enforcement Motion. The prevailing Party in connection with any Enforcement <br />Motion shall be entitled to apply to the Court for an award of its attorney's fees and expenses <br />incurred in connection with the Dispute Resolution Process. However, the Court shall not be <br />empowered to award any compensatory damages to the prevailing Party that were proximately <br />caused by or were otherwise sustained as a result of the Dispute. <br />
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