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6C 2
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06-14-11 Packet
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6C 2
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18. MEDIATION. Any claim or controversy between Purchaser and Seller arising out of <br />or related to the transaction contemplated in this Agreement will be subject to <br />mandatory non - binding mediation in accordance with the following alternative dispute <br />resolution (ADR) process. <br />In the event of a dispute, the nondefaulting party will give written notice to the other party <br />as soon as reasonably possible after learning of the dispute —but no later than the <br />applicable statute of limitations. The notice will set forth in specific detail the nature and <br />extent of the dispute and damages claimed. The notice will be sent by certified mail, return <br />receipt requested, or served personally on the breaching party. The recipient party will <br />acknowledge receipt of the notice and respond in writing to the claim within 21 days of <br />receipt of the written notice. If the matter is not resolved after receipt of the response, the <br />parties will mutually agree on a date, time, and neutral location for a face -to -face <br />settlement meeting of the parties. Such settlement meeting will be held within 21 days <br />after the date of the recipient party's response. The purpose of the settlement meeting will <br />be to further define the nature and extent of the dispute and to explore options for <br />resolution. The parties will participate in such meeting in good faith. <br />If no resolution is achieved within 14 days of the settlement meeting, the parties will <br />submit the matter to neutral, nonbinding confidential mediation in accordance with the <br />Commercial Rules of the American Arbitration Association. Unless otherwise agreed, the <br />parties to the dispute will share equally in the costs of the mediation, including forum fees, <br />expenses, and charges of the American Arbitration Association and the mediator. <br />The mediation will be conducted in accordance with the Commercial Rules of the <br />American Arbitration Association and mediation will take place within sixty (60) days after <br />submission of the dispute to the American Arbitration Association or in accordance with <br />the mediation rules of the American Arbitration Association. All parties will attend the <br />mediation in person unless otherwise mutually agreed, and each party will have at least one <br />person present at mediation with full settlement authority. The parties and their counsel <br />will participate in the mediation in good faith. <br />If the dispute is not resolved in mediation, either party may file a complaint in a court of <br />competent jurisdiction. <br />19. MISCELLANEOUS. <br />(a) Governing Law: This Agreement shall be governed by, construed and enforced <br />in accordance with the laws of the State of Indiana and venue shall lie in St. <br />Joseph County, Indiana. <br />(b) Entire Agreement: This Agreement constitutes the entire, integrated agreement <br />between the parties, and supersedes all prior written and unwritten negotiations, <br />W <br />
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