Bill 16-32 Resolution to approve agreement with Pokagon Band of Potawatomi Indiana

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EXECUTION COPY ('Arbitration"), pursuant to this Agreement, which shall be commenced by either her party filing a demand for Arbitration with the AAA in accordance with the Rules. The Band Pat-ties and the City agree to avoid all unnecessary delays and expenses in Arbitration and to pursue in good faith a prompt and just resolution of their Dispute. The Arbitration shall occur within thirty (30) miles of I South Bend, Indiana unless the parties, agree in writing to a different location, Each party shall bear its own Arbitration costs and an equal share of the,administrittive cost of the Arbitration proceeding pendinga final resolution, of the Dispute. The following requirements shall apply to the Arbitration process: (1). Selection of Neutral Arbitrators., Arbitration shall occur before a panel of three (3) neutral arbitrators ("Arbitrators"), unless the parties agree in writing, prior to commencing the arbitrator selection process to use a. single neutral. arbitrator. Each Arbitrator shall be a licensed attorney or a retired judge who has been actively engaged for at least ten years in the practice of law, the judicial process, or in alternative dispute resolution: Unless the patties agree otherwise in writing, an Arbitrator shall not have also served as a Mediator in any Mediation under this Section. No Arbitrator shall have or Previously have had any significant relationship with either party. If the Arbitration will be held before a single neutral Arbitrator, the Arbitrator shall be selected by agreement of the parties within thirty (3 0) calendar days from the date a demand for arbitration is filed with the AAA. If the parties are unable to agree on the selection of an Arbitrator within thirty (30) calendar days, the Arbitrator shall be selected -according to the process set forth in the Rules. If the Arbitration is held before a panel of three neutral Arbitrators, each party shall select a single Arbitrator within fifteen (15) calendar days from the date the demand for Arbitration is filed with the AAA. The two Arbitrators selected by the parties shall select the third Arbitrator with due consideration to any recommendations made jointly by the patties. The third, Arbitrator shall be the chairperson of the panel. If all three Arbitrators have not been selected within thirty (30) calendar days from the date the demand for Arbitration is filed with the AAA, the panel of three Arbitrators shall be selected according to the process set forth in the Rules. (2). Arbitration Rules, Governing Law, and the Authority of the Arbitrators. The Arbitration shall be administered by the AAA under the requirements of this Section and the Rules, current as of the date the demand for Arbitration is filed with the AAA. The parties and the arbitrator(s) shall maintain strict confidentiality with respect to the arbitration. The requirements of this Section shall supersede any conflicting provisions in Page 15 of 22