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City of South Bend 10 February 14, 2020
<br />arbitrator(s) will not permit discovery except upon a showing of substantial need by a party. To the extent
<br />the arbitrator(s) permit discovery as to liability, the arbitrator(s) will also permit discovery as to causation,
<br />reliance, and damages. The arbitrator(s) will not permit a party to take more than six depositions, and no
<br />depositions may exceed five hours. The arbitrator(s) will have no power to make an award inconsistent with
<br />this Agreement. The arbitrator(s) will rule on a summary basis where possible, including without limitation
<br />on a motion to dismiss basis or on a summary judgment basis. The arbitrator(s) may enter such prehearing
<br />orders as may be appropriate to ensure a fair hearing. The hearing will be held within one year of the
<br />initiation of arbitration, or less, and the hearing must be held on continuous business days until concluded.
<br />The hearing must be concluded within ten (10) business days absent written agreement by the parties to
<br />the contrary. The time limits in this section are not jurisdictional. The arbitrator(s) will apply substantive law
<br />and may award injunctive relief or any other remedy available from a judge. The arbitrator(s) may award
<br />attorney fees and costs to the prevailing party, and in the event of a split or partial award, the arbitrator(s)
<br />may award costs or attorney fees in an equitable manner. Any award by the arbitrator(s) will be
<br />accompanied by a reasoned opinion describing the basis of the award. Any prior agreement regarding
<br />arbitration entered by the parties is replaced and superseded by this agreement. The arbitration will be
<br />governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by
<br />the arbitrator(s) may be entered by any court having jurisdiction thereof. All aspects of the arbitration will
<br />be treated by the parties and the arbitrator(s) as confidential.
<br />NON ȃ SOLICITATION – Each party acknowledges that it has invested substantially in recruiting, training
<br />and developing the personnel who render services with respect to the material aspects of the engagement
<br />(“Key Personnel”). The parties acknowledge that Key Personnel have knowledge of trade secrets or
<br />confidential information of their employers that may be of substantial benefit to the other party. The parties
<br />acknowledge that each business would be materially harmed if the other party was able to directly employ
<br />Key Personnel. Therefore, the parties agree that during the period of this Agreement and for one (1) year
<br />after its expiration or termination, neither party will solicit Key Personnel of the other party for employment
<br />or hire the Key Personnel of the other party without that party’s written consent unless hiring or engaging
<br />party pays to the other party a fee equal to the hired or engaged Key Personnel’s compensation for the
<br />prior twelve-month period with the other party.
<br />CROWE AND EQUAL OPPORTUNITY – Crowe abides by the principles of equal employment opportunity,
<br />including without limitation the requirements of 41 CFR 60-741.5(a) and 41 CFR 60-300.5(a). These
<br />regulations prohibit discrimination against qualified individuals based on their status as protected veterans
<br />or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color,
<br />religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and
<br />subcontractors take affirmative action to employ and advance in employment individuals without regard to
<br />race, color, religion, sex, national origin, protected veteran status or disability. Crowe also abides by 29
<br />CFR Part 471, Appendix A to Subpart A. The parties agree that the notice in this paragraph does not create
<br />any enforceable rights for any firm, organization, or individual. Crowe and its subcontractors further agree
<br />not to discriminate against any firm or employee or applicant for employment in the performance of this
<br />Agreement, with respect to hire, tenure, terms, conditions or privileges of contract or employment, or any
<br />matter directly or indirectly related to contracting or employment because of race, sex, sexual orientation,
<br />gender identity, religion, color, national origin, ancestry, age or disability that does not affect that person’s
<br />ability to perform the work.
<br />CROWE GLOBAL NETWORK – Crowe LLP and its subsidiaries are independent members of Crowe
<br />Global, a Swiss organization. “Crowe” is the brand used by the Crowe Global network and its member firms,
<br />but it is not a worldwide partnership. Crowe Global and each of its members are separate and independent
<br />legal entities and do not obligate each other. Crowe LLP and its subsidiaries are not responsible or liable
<br />for any acts or omissions of Crowe Global or any other Crowe Global members, and Crowe LLP and its
<br />subsidiaries specifically disclaim any and all responsibility or liability for acts or omissions of Crowe Global
<br />or any other Crowe Global member. Crowe Global does not render any professional services and does not
<br />have an ownership or partnership interest in Crowe LLP or any other member. Crowe Global and its other
<br />members are not responsible or liable for any acts or omissions of Crowe LLP and its subsidiaries and
<br />specifically disclaim any and all responsibility or liability for acts or omissions of Crowe LLP and its
<br />subsidiaries. Visit www.crowe.com/disclosure for more information about Crowe LLP, its subsidiaries, and
<br />Crowe Global.
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