An agreement with the Pokagon Band of Potawatomi Indians

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EXECUTION COPY (a). Negotiation. In the event of a dispute between either or both of the Band Parties and the City that arises out of or is related to this Agreement, including but not limited to, the validity, interpretation and/or enforcement of this .Agreement ( "T,ispute "), the aggrieved party shall, prior to pursuing mediation or Arbitration, male a written request of the other party to engage in good faith negotiations aimed at resolving the Dispute ( "Negotiation "). Upon submission of such request, each party will promptly appoint one or more representative(s) to participate in direct discussions regarding the Dispute. The written request shall set forth, with specificity, the issues to be resolved. The location, format, and frequency of these discussions shall be left to the discretion of the representatives. Except to the extent, expressly provided otherwise by applicable law, all discussions and correspondence among the representatives for purposes of the Negotiation shall be treated as confidential and shall be inadmissible in any judicial proceeding or other dispute resolution forum, including mediation or arbitration, without the ;agreement of the parties. If the parties are unable to fully resolve the Dispute within thirty (3 0) days from the date either party submits ,a written request for Negotiation to the other party, or either party terminates the Negotiation before all of the elements of the Dispute are resolved, or the parties agree in. writing to forego Negotiation, the Dispute, or any unresolved portion thereof, shall be submitted to Mediation. (b). Mediation. If a Di, spute is not resolved through Negotiation, the Band Parties and the City shall submit the Dispute to nonbinding mediation ( "Mediation ") before a single mediator ( "Mediator ") prior to initiating Arbitration. The Mediation shall be administered by the American Arbitration Association ( "AAA") under its Commercial Arbitration Rules and Mediation Procedures or any successor rules adopted by the AAA ( "Rules "), current as of the date the request for Mediation is filed with the AAA. The Mediation shall be commenced by either party filing a request for mediation with the AAA in accordance with the Rules. The Mediator shall be selected pursuant to the Rules. The Mediation shall tape place in South Bend, Indiana, unless the parties agree in writing to a different location. The responsibility for the fees and expenses of the Mediation and the Mediator shall be allocated equally between the City and the Band Parties. The Mediation may be terminated at any time by either party. If the Band Parties and the City are unable to fully resolve the Dispute within. sixty (60) days from the date the request for Mediation is filed with the AAA, unless the parties agree to extend the time for Mediation, either party may initiate Arbitration to resolve the Dispute, or any unresolved portion thereof. (c). Arbitration. If the Dispute is not resolved through Negotiation or Mediation, the Band Parties and the City shall submit the Dispute to arbitration Page 14 of 12 '