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25 <br />the Landlord pertaining to the operation and management of the Building. Smoking is not permitted in <br />any of the common areas of the Building including hallways, lobbies, stairwells and <br />bathrooms. Tenant shall not permit any of its employees or invitees to smoke in any common <br />areas of the Building. If any rules and regulations adopted by the Landlord are contrary to the <br />terms of this Lease, the terms of this Lease shall govern. <br />F.If the parties are unable to resolve any disputes arising under this Agreement, then before initiating <br />litigation, the parties will endeavor to settle any such disputes between them by mediation under the Indiana <br />Rules for Alternative Dispute Resolution (ADR). If within ten days after the parties cease direct <br />negotiations and they cannot agree upon a mediator, Tenant will provide Landlord with a list of three <br />individuals then listed on Indiana’s list of registered civil mediators, who are available to conduct mediation <br />within forty-five days from date of such mediator’s selection, and who have no unwaived conflict of <br />interest with respect to either Party. Landlord shall (within ten (10) business days after receipt of such list) <br />select one (1) of the individuals from such list as mediator. Each party will bear its own cost of mediation; <br />provided, however, the cost charged by any independent third party mediator will be borne equally by the <br />parties. In the mediation, each Party may be represented by their own counsel. All negotiations and <br />discussions pursuant to mediation will be confidential non-discoverable and inadmissible for litigation. The <br />parties shall endeavor to complete mediation as expeditiously as possible; however, either party may <br />withdraw from mediation if the mediation continues or cannot be completed within forty-five (45) days <br />from date of selection of a mediator. If a dispute has not been resolved through mediation, either party <br />may file suit to enforce its rights in a competent court in St.Joseph County, Indiana , and Indiana law shall <br />apply. <br />(Remainder of page intentionally left blank)