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

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ExEcunoN copy the Rules. The law to be applied in the Arbitration shall be the, Governing Law, as stated in subsection 18(a) of this Agreement. The authority of the Arbitrators is derived solely from this Section and is limited to the enforcement of the rights of the Band Parties and the City under the express terms of this Agreement.. (3). Discovery and Arbitration Procedure. Each party shall, upon the request of the other party, promptly provide the other with copies of all documents relevant to the issues raised as claims or defenses in the Arbitration. Notwithstanding any provision of Governing Law or Rule to the contrary, any party may avail itself of discovery procedures, including depositions, interrogatories, requests for production and inspection of documents and reports as provided in the Federal Rules of Civil Procedure then applicable in United States district courts. Discovery shall be completed within sixty (60) days from the date the Arbitrators are appointed, provided that at either party's request, the Arbitrators may order reasonable extensions of the time for discovery, but only to the extent that the Arbitrators determine that such discovery will be relevant, will not unduly burden the party against whom discovery is sought, and will further the goal of resolving the Dispute in an economic and expeditious manner. The parties shall have a continuing obligation to provide each other with all additional relevant documents and information within the scope of the discovery request that may thereafter become available. The Arbitrators may, at the request of a party or on their own initiative, impose upon any party who fails to comply with this subsection sanctions, penalties, or both, including an order that prohibits the non - complying party from introducing certain testimony or evidence or eliminates one or more claims or defenses of the non - complying party. (4). Statement of Claims. At least sixty (60) calendar days prior to the date of the first hearing on the merits, each party shall provide to the other party a detailed written statement of all claims, defenses, and counterclaims such party will present at the hearing and the witnesses, documents, and other evidence such party intends to offer in support each claim, defense, and counterclaim. Each party shall have seven (7) calendar days to serve on the other party a request for explanation of claims, defenses and counterclaims made and further identification of supporting evidence intended to be offered. Responses to requests for explanation of claims, defenses and counterclaims shall be served on the requesting party within ten (10) calendar days from the date such request is received. (5). Arbitration Award. The Arbitrators shall issue a well - reasoned written decision with findings of fact, conclusions of law, and a calculation of Page 16 of 22