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4 <br /> E. DISPUTE RESOLUTION <br /> Should a dispute arise between the parties under the terms of this AGREEMENT, the parties agree to <br /> follow the provisions of this section. The STATE's Urban Corridors Administrator's representative and the <br /> UTILITY's representative of equal authority shall confer to resolve any disputes arising under this <br /> AGREEMENT.These two individuals shall, upon request, meet regularly to discuss the status of the tasks <br /> and services to be performed and to resolve any issues or disputes related to the successful performance of <br /> this AGREEMENT. The parties agree to confer and exercise good faith to resolve the dispute. <br /> In the event that the parties are unable to resolve a dispute, as provided above, either party may initiate <br /> mediation or arbitration proceedings by serving the other party with a written request for mediation. The two <br /> parties shall then seek to mutually agree upon whether to mediate, the mediation process, who shall serve as <br /> the mediator, and the time frame the parties are willing to discuss the disputed issue(s). <br /> Each party shall bring to any arbitration or mediation session, unless excused from doing so by the <br /> mediator or arbiter, a representative with full settlement authority. In addition, each party may bring counsel <br /> and such other persons as needed to contribute to a solution of the dispute. The mediation or arbitration <br /> process is to be considered settlement negotiations for the purposes of all state and federal rules, protecting <br /> disclosures made during such conferences from later discovery or use in evidence; provided that any <br /> settlement executed by the parties shall not be considered confidential and may be disclosed. Each party <br /> shall pay its own costs for mediation or arbitration and share equally in the cost of the mediator or arbiter. <br /> F. BETTERMENTS <br /> The relocation of the CITY's facilities does not constitute a betterment as defined in the Federal Aid Policy <br /> Guide-23 CFR 645A, Subpart A. <br /> G. ACCRUED DEPRECIATION <br /> The relocation of the CITY's facilities does not involve a credit due for accrued depreciation as defined in the <br /> Federal Aid Policy Guide-23 CFR 645A, Subpart A. <br /> 17 <br /> PAGE A-2 of 2 AGREEMENT UT-01100 <br />