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changed by a notice delivered to the other party in accordance with the provisions of this <br /> Section. <br /> Customer CourtView Justice Solutions Inc. <br /> City of Everett Jeffrey Harmon <br /> IT Director General Manager <br /> 2930 Wetmore Avenue, Suite 6A 4825 Higbee Ave NW <br /> Everett, WA 98201 Canton, OH 44718 <br /> Tel.No. Tel.No. (330)470-4280 <br /> Copy to: Copy to: <br /> ITNotices@everettwa.gov CourtView Justice Solutions Inc. <br /> Director of Contracts <br /> 4825 Higbee Ave NW <br /> Canton, OH 44718 <br /> F. The parties will seek a fair and prompt negotiated resolution within ten(10)days of the <br /> initial notice of the dispute("Dispute"). If the Dispute has not been resolved after such <br /> time,the parties will escalate the issue to more senior levels. If the parties are unable to <br /> resolve any dispute at the senior management level,then any controversy, claim, or <br /> Dispute arising out of or relating to this Agreement shall be resolved by binding <br /> arbitration in accordance with the Commercial Arbitration Rules of the American <br /> Arbitration Association then in effect. Before commencing any such arbitration,the <br /> parties agree to enter into negotiations to resolve the Dispute. If the parties are unable to <br /> resolve the Dispute by good faith negotiation, either party may refer the matter to <br /> arbitration. The arbitrator(s) shall be bound to follow the provisions of this Agreement in <br /> resolving the Dispute, and may not award any damages excluded by this Agreement. The <br /> decision of the arbitrator(s)shall be final and binding on the parties, and any award of the <br /> arbitrator(s)may be entered or enforced in any court of competent jurisdiction. The <br /> prevailing party will be entitled to recover its reasonable attorneys'fees and costs, in <br /> addition to any other relief ordered by the arbitrator(s). Such fees and costs will include <br /> those incurred in connection with the enforcement of any resulting judgment or order, <br /> and any post judgment order will provide for the right to receive such attorneys'fees and <br /> costs. Any request for arbitration of a claim by either party against the other relating to <br /> this Agreement must be filed no later than six(6)months after the date on which CJS <br /> concludes performance under this Agreement. <br /> Nothing herein shall prevent either party from seeking a preliminary or permanent <br /> injunction to preserve the status quo or prevent irreparable harm during the arbitration <br /> process. <br /> G. Neither party will incur any liability to the other party on account of any loss or damage <br /> resulting from any failure to perform or any delay in performing any of its obligations <br /> hereunder if such failure or delay is due, in whole or in part,to events, circumstances or <br /> causes beyond its reasonable control and without its fault(Force Majeure), including <br /> without limitation, any natural catastrophe, fire,war,riot, strike, or any general shortage <br /> or unavailability of materials, components or transportation facilities, or any <br /> governmental action or inaction,but the failure to meet financial obligations is expressly <br /> December 2015 9 of 11 <br />