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parties nor to grant the Foundation any right to such other research or Intellectual Property,created as <br /> a result of the same. <br /> O. The terms of this Section XII. shall survive the termination of this PFA. <br /> XIII. DISPUTE RESOLUTION <br /> A. In the event Foundation and Co-funders are unable to resolve a dispute between themselves relating <br /> to the Sub-recipient,the Sub-recipient's actions or omissions,or the procedure,process,or research <br /> concerning the Project,Foundation shall be empowered to make the final determination after <br /> reasonably consulting with the PAC. <br /> B. In the event Sub-recipient and the Foundation or Sub-recipient and Co-funders have a dispute <br /> between themselves relating to this PFA,the Project, or a party's actions or omissions not related to <br /> the enumerated matters in Section XIII.A., and if the parties involved are not able to resolve their <br /> dispute within sixty(60) days of Notice of the dispute being provided by a party to the others,the <br /> parties involved in the dispute agree to submit their dispute to mediation. <br /> C. In the event mediation is required, each party believes its home state laws and home <br /> city/county/state venues are to be applied to any dispute between the parties. As the parties are <br /> unable to agree,this PFA will remain silent as to choice of law and venue,which will be the first <br /> issues to be resolved should a dispute arise between the parties. The terms of this Paragraph will <br /> survive the termination of this PFA. <br /> D. All parties will pay equally for the mediators' services. • <br /> E. A mediator shall be chosen and mediation shall be scheduled no later than forty-five(45) days after <br /> the Notice of dispute is received. Mediation shall be completed no later than ninety(90)days after <br /> the Notice of dispute is received. During the period of dispute,no party shall take any action that <br /> which would injure the interests of another party or delay the Project. <br /> F. Mediation shall last no longer then four(4)business days unless agreed upon in writing by the <br /> parties. During the mediation period,documents.submitted to the mediator and statements made <br /> during the mediation,including proposed settlement terms,are for settlement purposes only and <br /> shall remain confidential.However, evidence otherwise admissible or discoverable shall not be <br /> rendered inadmissible or undiscoverable because of its use in the mediation. <br /> G. If the parties are unable to reach a reasonable business decision on their own with the assistance of <br /> the mediator by the end of the mediation session,the mediator shall choose an Arbitrator located in <br /> Denver, Colorado U.S.A.to hear the parties' dispute. The Arbitrator's decision shall be binding on <br /> both parties. During this arbitration process, <br /> 1.The Arbitrator shall have subpoena powers. <br /> 2.The American Arbitration Association("AAA")and Colorado Civil Procedure Rules,where not in <br /> conflict with the AAA Rules,which are in effect at the time the Notice of dispute is received shall <br /> apply. <br /> FINAL 09012011 17 Joint Multi Funded PFA <br /> 55 <br />