Resolution No 37-2018 - Approval of Lease Located at 319 Niles Avenue for South Bend Human Rights Commission

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the parties cease direct negotiations and they cannot agree upon a mediator, Tenant will provide Landlord with a list of three individuals then listed on Indiana's list of registered civil mediators, who are available to conduct mediation within forty-five (45) days from date of such mediator's selection, and who have no unwaived conflict of interest with respect to either Party. Landlord shall (within ten (10) business days after receipt of such list) select one (1) of the individuals from such list as mediator. Each party will bear its own cost of mediation; provided, however, the cost charged by any independent third party mediator will be borne equally by the parties. In the mediation, each Party may be represented by their own counsel. All negotiations and discussions pursuant to mediation will be confidential non -discoverable and inadmissible for litigation. The parties shall endeavor to complete mediation as expeditiously as possible; however, either party may withdraw from mediation if the mediation continues or cannot be completed within forty-five (45) days from date of selection of a mediator. If a dispute has not been resolved through mediation, either party may file suit to enforce its rights in a competent court in St. Joseph County, Indiana, and Indiana law shall apply. LANDLORD: MedPro Properties, LLC By: Title: Attest: TENANT: City of South Bend, Indiana, on behalf of the Human Rights Commission as designated by the Board of Public Works in Resolution No. 37-2018 By: Title: Attest: 25