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OSOS No. G-10/264 <br /> DISPUTES <br /> Except as otherwise provided in this Agreement,when a bona fide dispute arises <br /> between the OSOS and the Sub-Grantee and it cannot be resolved by direct negotiation, <br /> either party may request a dispute hearing with the Secretary of State. <br /> • <br /> 1. The request for a dispute hearing must: • <br /> • <br /> • be in writing; <br /> • state the disputed issue(s); <br /> • state the relative positions of the parties; <br /> • state the Sub-Grantee's name, address, and agreement number; and <br /> • be mailed to the Secretary of State and the other party's (respondent's) Project <br /> Manager within 3 working days afterthe parties agree that they cannot resolve <br /> the dispute. <br /> 2. The respondent shall send a written answer to the requester's statement to both the <br /> agent and the requester within 15 working days. <br /> 3. The Secretary of State shall review the written statements and reply in writing to both <br /> parties within 10 working days.The Secretary of State may extend this period if <br /> necessary by notifying the parties. <br /> 4. The parties agree that this dispute process shall precede any action in a judicial or <br /> quasi-judicial tribunal. <br /> Nothing in this Agreement shall be construed to limit the parties' choice of a mutually <br /> acceptable Alternate Dispute Resolution method in addition to the dispute resolution <br /> procedure outlined above. <br /> INDEMNIFICATION <br /> The employees or agents of each party who are engaged in the performance of this <br /> Grant Agreement shall continue to be employees or agents of that party and shall not be <br /> considered for any purpose to be employees or agents of the other party. Each party to <br /> this Grant Agreement shall be responsible for its own acts and/or omissions and those of <br /> its officers, employees and agents. <br /> RECORDS RETENTION <br /> The Sub-Grantee shall: <br /> • Retain all financial, statistical, property records, and supporting documentation for a <br /> period of six years from the termination date of the Agreement. <br /> • Retain records for non-expendable property for a period of three years after final <br /> disposition of the property. <br /> • Retain those records previously mentioned in this section beyond the records <br /> retention period if any litigation or audit is beguln, or if a claim is instituted involving <br /> Page 4 of 6 <br /> 45 <br />