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03-23-15 Agenda. Packet & Committee Meeting Notice
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03-23-15 Agenda. Packet & Committee Meeting Notice
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4/23/2015 12:20:19 PM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
3/23/2015
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(b) By Ameresco. <br />Anleresco shall be in default under this Agreement if Arneresco fails to perform any of it, <br />required duties or obligations under this Agreement and fails to cure such failure or effects of <br />such failure within thirty (30) days of receipt of written notice of default, unless such failure <br />or effects of such failure cannot be completely cured within thirty (30) days after said written <br />notice, in which case a default shall exist cull' if Ameresco does not promptly commence and <br />diligently pursue to cure such failure and subsequent effects as soon as practicable. <br />SECTION 12 Remedies for Default <br />If either Para- defaults under this Agreement, the other hash- may, subject to the dispute resolution <br />procedures in Section 13 below: <br />(i) bring actions for any reiiledics available at law or in equity or other appropriate <br />proccedifli;s for the recover•v of damages, including amounts past due, and <br />(ii) with or vithout recourse to legal process, terminate this Agreement by <br />delivering written notice of termination at least ten (10) days prior to the <br />requested termination date. <br />SECTION 13 Dispute Resolution <br />Claims, disputes, or other platters in controversy ( "Disputes') arising out of or related to the <br />Agreement or the Project shall be subject to informal dispute resolution and mediation as a condition <br />precedent to ant' and all remedies at law or in equip. if during the term of this Agreement a Dispute <br />arises concerning the Project or this agreement, the Dispute shall initially be submitted to (,ustomer's <br />project representative and Arno esco's project manager for resolution by mutual agreement between <br />said parties. Any mutual determination by the Customer Representative and Ainc•reseo's project <br />manager will be final and binding upon the Parties. However, should the Customer representative and <br />Auleresco's project manager fail to arrive at a inutual decision as to the Dispute within tell (10) business <br />days after notice to both individuals of such Dispute, such Dispute mill be submitted to a representative <br />from Management of both parties who shall meet in person or by phone within tell (10) business days <br />after either Party gives the other Parh written notice of the Dispute (the " Dispute Notice'). 'lhr <br />Dispute Notice shall set forth in reasonable detail the apgrieved part's position and its proposal for <br />resolution of the Dispute. If the Dispute is not resolved within this- (30) calendar days after the first <br />electing of the Parties, then the parties shall endeavor to resolve the Dispute by mediation. A request <br />for mediation shall be elude in writing and delivered to the other Part. Tile request play be made <br />Concurrentic \with the tiling of auv and all remedies at law or in equity but, in such event, mediation <br />shall proceed in advance of any proceedings filed in a judicial forum, which shall be stayed pending <br />mediation for a period of sixty (00) days from the date of filing, unless stayed for a longer period of <br />tittle by agreement of the parties or court order. <br />The parties shall share the fees of the mediation equally. The mediation shall be hell in the place <br />where the Project is located, unless another location is mutually agreed upon. Agreements reached in <br />mediation shall be enforceable as settlement agreements in any court haying jurisdiction thereof. <br />If the parties do not resolve the Dispute through informal dispute resolution or mediation, either <br />Parry is free to pursue any other available remedy in law or at equip•. <br />14 <br />
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