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Unless otherwise agreed by the Parties: <br /> (a) the Steering Committee shall meet at least once every six (6) months or at <br /> such other intervals as the Parties shall agree; <br /> (b) any member of the Steering Committee may call a meeting of the Steering <br /> Committee upon five (5) business days' notice by providing each member written notice <br /> of the meeting including the date, time, place and agenda for any such meeting; provided <br /> that the members of each Party shall not call a meeting under this paragraph more <br /> frequently than once in any thirty (30)day period; and <br /> (c) unless otherwise indicated, Steering Committee meetings shall be held at <br /> locations selected by the Steering Committee. <br /> 19.12 Mediation <br /> Any claim arising out of or related to this Agreement, except those waived, shall be <br /> subject to mediation as a condition precedent to the institution of legal or equitable proceedings <br /> by either party. This requirement cannot be waived except by an explicit written waiver signed <br /> by both Parties. The parties shall endeavor to resolve their claims by good-faith mediation. A <br /> request for mediation shall be filed in writing with the other Party to this Agreement, and the <br /> Party shall promptly attempt to mutually agree upon a mediator. If the Parties have not reached <br /> agreement on a mediator within thirty (30) days of the request, either Party may file the request <br /> with the American Arbitration Association or such other alternative dispute resolution service to <br /> which the Party agrees, with a copy to the other Party, and the mediation shall be in accordance <br /> with the Mediation Rules of the American Arbitration Association (or other agreed service) <br /> currently in effect. Mediation shall proceed in advance of legal or equitable proceedings, which <br /> shall be stayed pending mediation, unless stayed for a longer period by agreement of the parties <br /> or court order. The Parties to the mediation shall share the mediator's fee and any filing fees <br /> equally. The mediation shall be held in the place where the Development is located unless <br /> another location is mutually agreed upon. Agreements reached in mediation shall be enforceable <br /> as settlement agreements in any court having jurisdiction thereof. Representatives of the City <br /> and OM must attend the mediation session with authority to settle the claim. To the extent there <br /> are other parties in interest, their representatives, also with authority to settle the claim, shall also <br /> attend the mediation session. Unless the Parties mutually agree in writing otherwise, all <br /> unresolved claims shall be considered at a single mediation session that shall occur prior to <br /> completion of the Development Plan. The Parties shall diligently carry on the work required by <br /> this Agreement during any dispute resolution proceedings. <br /> 19.13 Agreement Not Recordable <br /> This Agreement is and shall be a publicly available document. However, neither this <br /> Agreement nor any notice thereof shall be recorded with the real property records by any party <br /> hereto or any agent of same. OM agrees that it will not attempt to record this Agreement or any <br /> notice thereof and that any attempt to record this Agreement or any notice thereof shall constitute <br /> a noncurable default on the part of OM hereunder. Notwithstanding the foregoing, the parties <br /> may record a mutually acceptable memorandum of this Agreement. <br /> -56- <br /> 06107-0063'LEGA L 13023969.1 <br />