Common use of ADR Procedure Clause in Contracts

ADR Procedure. Any dispute subject to ADR, as described in subparagraph (2), shall be resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) days of the occurrence of any dispute, the objecting party (the "Claimant") shall submit a written notice of the dispute to the Chairperson specifying in detail the nature of the dispute, the parties claimed to have been involved, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainable, and the requested action or resolution of the dispute. A dispute shall be deemed to have occurred on the date the objecting party knew or reasonably should have known of the basis for the dispute. i. Within sixty (60) days of the submission of the written notice, the Executive Committee shall, as necessary, request further information from the Claimant, collect such other information from any other interested party or source, form a recommendation as to whether the Claimant has a valid objection or claim, and if so, recommend a fair resolution of said claim. During such period, each party shall provide the other with any reasonably requested information within such party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day period. ii. Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below.

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph (2), shall be with more than $20,000.00 at issue has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within 60 days of the occurrence disputing party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution ("ADR") proceedings as described in this Section. Once the Claimant has notified the other party ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini-trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within 30 days after receipt of notice of intent to initiate ADR proceedings. To the extent the parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources ("CPR") Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules--whichever applies to have been involvedthe chosen ADR method--shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the parties are unable to agree on an ADR method, the method shall be arbitration. The parties shall select a single Neutral (as defined by CPR) third party to preside over the ADR proceedings, by the following procedure: Within 15 days after an ADR method is established, the Claimant shall submit a list of 5 acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral shall be deemed to have occurred adequate experience if an attorney or former judge. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within 15 days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known Respondent. If none on the list are acceptable to the Respondent, the Respondent shall submit a list of 5 Neutrals, together with the above background information, to the Claimant. Each of the basis for Neutrals shall meet the dispute. i. conditions stated above regarding the Claimant's Neutrals. Within sixty (60) 15 days after receiving the Respondent's list of the submission of the written noticeNeutrals, the Executive Committee shallClaimant shall select one Neutral, as necessary, request further information from if at least one individual on the list is acceptable to the Respondent. If none on the list are acceptable to the Claimant, collect such other information then the parties shall request assistance from CPR to select a Neutral. The ADR proceeding shall take place within 30 days after the Neutral has been selected. The Neutral shall issue a written decision within 30 days after the ADR proceeding is complete. Each party shall be responsible for an equal share of the costs of the ADR proceeding. The parties agree that any other interested party or source, form a recommendation as to whether applicable statute of limitations shall be tolled during the Claimant has a valid objection or claimpendency of the ADR proceedings, and if sono legal action may be brought in connection with this agreement during the pendency of an ADR proceeding. The Neutral's written decision shall become final and binding on the parties, recommend unless a fair resolution party objects in writing within 30 days of said claimreceipt of the decision. During such period, each The objecting party may then file a lawsuit in any court allowed by this Contract. The Neutral's written decision shall provide be admissible in the other with any reasonably requested information within such objecting party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day periodlawsuit. ii. Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below.

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph (2), shall be with more than $20,000.00 at issue has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within 60 days of the occurrence disputing party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution ("ADR") proceedings as described in this Section. Once the Claimant has notified the other ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini-trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within 30 days after receipt of notice of intent to initiate ADR proceedings. To the extent the parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources ("CPR") Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules--whichever applies to have been involvedthe chosen ADR method--shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the parties are unable to agree on an ADR method, the method shall be arbitration. The parties shall select a single Neutral (as defined by CPR) third party to preside over the ADR proceedings, by the following procedure: Within 15 days after an ADR method is established, the Claimant shall submit a list of 5 acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral who is an attorney or former judge shall be deemed to have occurred adequate experience. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within 15 days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known Respondent. If none on the list are acceptable to the Respondent, the Respondent shall submit a list of 5 Neutrals, together with the above background information, to the Claimant. Each of the basis for Neutrals shall meet the dispute. i. conditions stated 1058(4).nks 6 November 10, 1997 above regarding the Claimant's Neutrals. Within sixty (60) 15 days after receiving the Respondent's list of the submission of the written noticeNeutrals, the Executive Committee shallClaimant shall select one Neutral, as necessary, request further information from if at least one individual on the list is acceptable to the Respondent. If none on the list are acceptable to the Claimant, collect such other information then the parties shall request assistance from the Center for Public Resources, Inc., to select a Neutral. The ADR proceeding shall take place within 30 days after the Neutral has been selected. The Neutral shall issue a written decision within 30 days after the ADR proceeding is complete. Each party shall be responsible for an equal share of the costs of the ADR proceeding. The parties agree that any other interested party or source, form a recommendation as to whether applicable statute of limitations shall be tolled during the Claimant has a valid objection or claimpendency of the ADR proceedings, and if sono legal action may be brought in connection with this Agreement during the pendency of an ADR proceeding. The Neutral's written decision shall become final and binding on the parties, recommend unless a fair resolution party objects in writing within 30 days of said claimreceipt of the decision. During such period, each The objecting party may then file a lawsuit in any court allowed by this Agreement. The Neutral's written decision shall provide be admissible in the other with any reasonably requested information within such objecting party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day periodlawsuit. ii. Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below.

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph (2), shall be with more than $20,000.00 at issue has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within 60 days of the occurrence disputing party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution ("ADR") proceedings as described in this Section. Once the Claimant has notified the other party ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini-trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within 30 days after receipt of notice of intent to initiate ADR proceedings. To the extent the parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources, Inc. ("CPR") Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules--whichever applies to have been involvedthe chosen ADR method--shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the parties are unable to agree on an ADR method, the method shall be arbitration. The parties shall select a single Neutral (as defined by CPR) third party to preside over the ADR proceedings, by the following procedure: Within 15 days after an ADR method is established, the Claimant shall submit a list of 5 acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral who is an attorney or former judge shall be deemed to have occurred adequate experience. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within 15 days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known Respondent. If none on the list are acceptable to the Respondent, the Respondent shall submit a list of 5 Neutrals, together with the above background information, to the Claimant. Each of the basis for Neutrals shall meet the dispute. i. conditions stated above regarding the Claimant's Neutrals. Within sixty (60) 15 days after receiving the Respondent's list of the submission of the written noticeNeutrals, the Executive Committee shallClaimant shall select one Neutral, as necessary, request further information from if at least one individual on the list is acceptable to the Respondent. If none on the list are acceptable to the Claimant, collect such other information then the parties shall request assistance from the CPR to select a Neutral. The ADR proceeding shall take place within 30 days after the Neutral has been selected. The Neutral shall issue a written decision within 30 days after the ADR proceeding is complete. Each party shall be responsible for an equal share of the costs of the ADR proceeding. The parties agree that any other interested party or source, form a recommendation as to whether applicable statute of limitations shall be tolled during the Claimant has a valid objection or claimpendency of the ADR proceedings, and if sono legal action may be brought in connection with this Agreement during the pendency of an ADR proceeding. The Neutral's written decision shall become final and binding on the parties, recommend unless a fair resolution party objects in writing within 30 days of said claimreceipt of the decision. During such period, each The objecting party may then file a lawsuit in any court allowed by this Agreement. The Neutral's written decision shall provide be admissible in the other with any reasonably requested information within such objecting party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day periodlawsuit. ii. Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below.

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph (2), shall be with more than $20,000.00 at issue has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within 60 days of the occurrence disputing party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution ("ADR) proceedings as described in this Section. Once the Claimant has notified the other ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini-trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within 30 days after receipt of notice of intent to initiate ADR proceedings. To the extent the parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources ("CPR") Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules--whichever applies to have been involvedthe chosen ADR method--shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the parties are unable to agree on an ADR method, the method shall be arbitration. The parties shall select a single Neutral third party to preside over the ADR proceedings, by the following procedure: Within 15 days after an ADR method is established, the Claimant shall submit a list of 5 acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral who is an attorney or former judge shall be deemed to have occurred adequate experience. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within 15 days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known Respondent. If none on the list are acceptable to the Respondent, the Respondent shall submit a list of 5 Neutrals, together with the above background information, to the Claimant. Each of the basis for Neutrals shall meet the dispute. i. conditions stated above regarding the Claimant's Neutrals. Within sixty (60) 15 days after receiving the Respondent's list of the submission of the written noticeNeutrals, the Executive Committee shallClaimant shall select one Neutral, as necessary, request further information from if at least one individual on the list is acceptable to the Respondent. If none on the list are acceptable to the Claimant, collect such other information then the parties shall request assistance from the Center for Public Resources, Inc., to select a Neutral. The ADR proceeding shall take place within 30 days after the Neutral has been selected. The Neutral shall issue a written decision within 30 days after the ADR proceeding is complete. Each party shall be responsible for an equal share of the costs of the ADR proceeding. The parties agree that any other interested party or source, form a recommendation as to whether applicable statute of limitations shall be tolled during the Claimant has a valid objection or claimpendency of the ADR proceedings, and if sono legal action may be brought in connection with this Agreement during the pendency of an ADR proceeding. The Neutral's written decision shall become final and binding on the parties, recommend unless a fair resolution party objects in writing within 30 days of said claimreceipt of the decision. During such period, each The objecting party may then file a lawsuit in any court allowed by this Agreement. The Neutral's written decision shall provide be admissible in the other with any reasonably requested information within such objecting party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day periodlawsuit. ii. Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below.

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph (2), shall be with more than $20,000.00 at issue has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within 60 days of the occurrence disputing party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution ("ADR") proceedings as described in this Section. Once the Claimant has notified the other party ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini-trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within 30 days after receipt of notice of intent to initiate ADR proceedings. To the extent the parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources, Inc. ("CPR") Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules--whichever applies to have been involvedthe chosen ADR method--shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the parties are unable to agree on an ADR method, the method shall be arbitration. The parties shall select a single Neutral (as defined by CPR) third party to preside over the ADR proceedings, by the following procedure: Within 15 days after an ADR method is established, the Claimant shall submit a list of 5 acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral who is an attorney or former judge shall be deemed to have occurred adequate experience. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within 15 days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known of Respondent. If none on the basis for list are acceptable to the dispute. i. Within sixty (60) days of the submission of the written noticeRespondent, the Executive Committee shallRespondent shall submit a list of 5 Neutrals, as necessarytogether with the above background information, request further information from the Claimant, collect such other information from any other interested party or source, form a recommendation as to whether the Claimant has a valid objection or claim, and if so, recommend a fair resolution of said claim. During such period, each party shall provide the other with any reasonably requested information within such party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day period. ii. Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant. Each of the Neutrals shall meet the conditions stated above regarding the Claimant's right to arbitrate as set forth below.1039(6).nks November 10, 1997

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph (2), shall be with more than $50,000 at issue has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within sixty days of the occurrence disputing party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution (ADR) proceedings as described in this Section. Once the Claimant has notified the other ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini- trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within thirty days after receipt of notice of intent to initiate ADR proceedings. To the extent the parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources (CPR) Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules - whichever applies to have been involvedthe chosen ADR method - shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the parties are unable to agree on an ADR method, the method shall be arbitration. The parties shall select a single neutral third party (a "Neutral") to preside over the ADR proceedings, by the following procedure: Within fifteen days after an ADR method is established, the Claimant shall submit a list of five acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral shall be deemed to have occurred adequate experience if an attorney or former judge. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within fifteen days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known Respondent. If none on the list are acceptable to the Respondent, the Respondent shall submit a list of five Neutrals, together with the above background information, to the Claimant. Each of the basis for Neutrals shall meet the dispute. i. conditions stated above regarding the Claimant's Neutrals. Within sixty (60) fifteen days after receiving the Respondent's list of the submission of the written noticeNeutrals, the Executive Committee shallClaimant shall select one Neutral, as necessary, request further information from if at least one individual on the list is acceptable to the Respondent. If none on the list are acceptable to the Claimant, collect such other information then the parties shall request assistance from the Center for Public Resources, Inc., to select a Neutral. The ADR proceeding shall take place within thirty days after the Neutral has been selected. The Neutral shall issue a written decision within thirty days after the ADR proceeding is complete. Each party shall be responsible for an equal share of the costs of the ADR proceeding. The parties agree that any other interested party or source, form a recommendation as to whether applicable statute of limitations shall be tolled during the Claimant has a valid objection or claimpendency of the ADR proceedings, and if sono legal action may be brought in connection with this agreement during the pendency of an ADR proceeding. The Neutral's written decision shall become final and binding on the parties, recommend unless a fair resolution party objects in writing within thirty days of said claimreceipt of the decision. During such period, each The objecting party may then file a lawsuit in any court allowed by this Agreement. The Neutral's written decision shall provide be admissible in the other with any reasonably requested information within such objecting party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day periodlawsuit. ii. Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below.

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph (2), shall be has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within sixty days of the occurrence disputing party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution (ADR) proceedings as described in this Section. Once the Claimant has notified the other ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini-trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within thirty days after receipt of notice of intent to initiate ADR proceedings. To the extent the parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources (CPR) Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules - whichever applies to have been involvedthe chosen ADR method - shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the parties are unable to agree on an ADR method, the method shall be arbitration. The parties shall select a single Neutral third party to preside over the ADR proceedings, by the following procedure: Within fifteen days after an ADR method is established, the Claimant shall submit a list of five acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral shall be deemed to have occurred adequate experience if an attorney or former judge. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within fifteen days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known Respondent. If none on the list are acceptable to the Respondent, the Respondent shall submit a list of five Neutrals, together with the above background information, to the Claimant. Each of the basis for Neutrals shall meet the dispute. i. conditions stated above regarding the Claimant's Neutrals. Within sixty (60) fifteen days after receiving the Respondent's list of the submission of the written noticeNeutrals, the Executive Committee shallClaimant shall select one Neutral, as necessary, request further information from if at least one individual on the list is acceptable to the Respondent. If none on the list are acceptable to the Claimant, collect such other information then the parties shall request assistance from the Center for Public Resources, Inc., to select a Neutral. The ADR proceeding shall take place within thirty days after the Neutral has been selected. The Neutral shall issue a written decision within thirty days after the ADR proceeding is complete. Each party shall be responsible for an equal share of the costs of the ADR proceeding. The parties agree that any other interested party or source, form a recommendation as to whether applicable statute of limitations shall be tolled during the Claimant has a valid objection or claimpendency of the ADR proceedings, and if sono legal action may be brought in connection with this agreement during the pendency of an ADR proceeding. The Neutral's written decision shall become final and binding on the parties, recommend unless a fair resolution party objects in writing within thirty days of said claimreceipt of the decision. During such period, each The objecting party may then file a lawsuit in any court allowed by this Agreement. The Neutral's written decision shall provide be admissible in the other with any reasonably requested information within such objecting party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day periodlawsuit. ii. Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below.

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph (2), shall be with more than $20,000.00 at issue has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within 60 days of the occurrence disputing party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution ("ADR) proceedings as described in this Section. Once the Claimant has notified the other ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini-trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within 30 days after receipt of notice of intent to initiate ADR proceedings. To the extent the parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources ("CPR") Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules--whichever applies to have been involvedthe chosen ADR method--shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the parties are unable to agree on an ADR method, the method shall be arbitration. The parties shall select a single Neutral third party to preside over the ADR proceedings, by the following procedure: Within 15 days after an ADR method is established, the Claimant shall submit a list of 5 acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral who is an attorney or former judge shall be deemed to have occurred adequate experience. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within 15 days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known Respondent. If none on the list are acceptable to the Respondent, the Respondent shall submit a list of 5 Neutrals, together with the above background information, to the Claimant. Each of the basis for Neutrals shall meet the dispute. i. conditions stated above regarding the Claimant's Neutrals. Within sixty (60) 15 days after receiving the Respondent's list of the submission of the written noticeNeutrals, the Executive Committee shallClaimant shall select one Neutral, as necessary, request further information from if at least one individual on the list is acceptable to the Respondent. If none on the list are acceptable to the Claimant, collect such other information then the parties shall request assistance from the Center for Public Resources, Inc., to select a Neutral. The ADR proceeding shall take place within 30 days after the Neutral has been selected. The Neutral shall issue a written decision within 30 days after the ADR proceeding is complete. Each party shall be responsible for an equal share of the costs of the ADR proceeding. The parties agree that any other interested party or source, form a recommendation as to whether applicable statute of limitations shall be tolled during the Claimant has a valid objection or claimpendency of the ADR proceedings, and if so, recommend a fair resolution no legal action may be brought in connection with this Agreement during the pendency of said claim. During such period, each party shall provide the other with any reasonably requested information within such party's controlan ADR proceeding. The Executive Committee Neutral's written decision shall present its recommendation to become final and binding on the Board parties, unless a party objects in writing, including any underlying facts, conclusions or support upon which it is based, writing within such sixty (60) day period. ii. Within sixty (60) 30 days of the submission receipt of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolutiondecision. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and objecting party may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular proceduresthen 1055(3).nks 15 November 10, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below.1997

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph (2), shall be with more than $20,000.00 at issue has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within 60 days of the occurrence disputing party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution ("ADR") proceedings as described in this Section. Once the Claimant has notified the other ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini-trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within 30 days after receipt of notice of intent to initiate ADR proceedings. To the extent the parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources ("CPR") Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules--whichever applies to have been involvedthe chosen ADR method--shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the parties are unable to agree on an ADR method, the method shall be arbitration. The parties shall select a single Neutral third party to preside over the ADR proceedings, by the following procedure: Within 15 days after an ADR method is established, the Claimant shall submit a list of five acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral who is an attorney or former judge shall be deemed to have occurred adequate experience. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within 15 days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known Respondent. If none on the list are acceptable to the Respondent, the Respondent shall submit a list of five Neutrals, together with the above background information, to the claimant. Each of the basis for Neutrals shall meet the dispute. i. conditions stated above regarding the Claimant's Neutrals. Within sixty (60) 15 days after receiving the Respondent's list of the submission of the written noticeNeutrals, the Executive Committee shallClaimant shall select one Neutral, as necessary, request further information from if at least one individual on the list is acceptable to the Respondent. If none on the list are acceptable to the Claimant, collect such other information then the parties shall request assistance from the Center for Public Resources, Inc., to select a Neutral. The ADR proceeding shall take place within 30 days after the Neutral has been selected. The Neutral shall issue a written decision within 30 days after the ADR proceeding is complete. Each party shall be responsible for an equal share of the costs of the ADR proceeding. The parties agree that any other interested party or source, form a recommendation as to whether applicable statute of limitations shall be tolled during the Claimant has a valid objection or claimpendency of the ADR proceedings, and if sono legal action may be brought in connection with this Agreement during the pendency of an ADR proceeding. The Neutral's written decision shall become final and binding on the parties, recommend unless a fair resolution party objects in writing within 30 days of said claimreceipt of the decision. During such period, each The objecting party may then file a lawsuit in any court allowed by this Agreement. The Neutral's written decision shall provide be admissible in the other with any reasonably requested information within such objecting party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day periodlawsuit. ii. Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below.

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph (2), shall be with more than $20,000.00 at issue has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within 60 days of the occurrence disputing Party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution ("ADR") proceedings as described in this Section. Once the Claimant has notified the other ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the Parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini-trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The Parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within 30 days after receipt of notice of intent to initiate ADR proceedings. To the extent the Parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources ("CPR") Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules--whichever applies to have been involvedthe chosen ADR method--shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the Parties are unable to agree on an ADR method, the method shall be arbitration. The Parties shall select a single Neutral third party to preside over the ADR proceedings, by the following procedure: Within 15 days after an ADR method is established, the Claimant shall submit a list of five acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral who is an attorney or former judge shall be deemed to have occurred adequate experience. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within 15 days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known Respondent. If none on the list are acceptable to the Respondent, the Respondent shall submit a list of five Neutrals, together with the above background information, to the claimant. Each of the basis for Neutrals shall meet the dispute. i. conditions stated above regarding the Claimant's Neutrals. Within sixty (60) 15 days after receiving the Respondent's list of the submission of the written noticeNeutrals, the Executive Committee shallClaimant shall select one Neutral, as necessary, request further information from if at least one individual on the list is acceptable to the Respondent. If none on the list are acceptable to the Claimant, collect such other information then the Parties shall request assistance from the Center for Public Resources, Inc., to select a Neutral. The ADR proceeding shall take place within 30 days after the Neutral has been selected. The Neutral shall issue a written decision within 30 days after the ADR proceeding is complete. Each Party shall be responsible for an equal share of the costs of the ADR proceeding. The Parties agree that any other interested party or source, form a recommendation as to whether applicable statute of limitations shall be tolled during the Claimant has a valid objection or claimpendency of the ADR proceedings, and if so, recommend a fair resolution no legal action may be brought in connection with this Agreement during the pendency of said claim. During such period, each party shall provide the other with any reasonably requested information within such party's controlan ADR proceeding. The Executive Committee Neutral's written decision shall present its recommendation to become final and binding on the Board Parties, unless a Party objects in writing, including any underlying facts, conclusions or support upon which it is based, writing within such sixty (60) day period. ii. Within sixty (60) 30 days of the submission receipt of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolutiondecision. The Claimant and the Executive Committee shall each be entitled to present objecting Party may then file a lawsuit in any argument or material it deems pertinent to the matter before the Boardcourt allowed by this Agreement. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The BoardNeutral's determination written decision shall be deemed final subject to admissible in the Claimantobjecting Party's right to arbitrate as set forth belowlawsuit.

ADR Procedure. Any If a dispute subject to ADR, as described in subparagraph with more than $25,000 (2), shall be Twenty-Five Thousand Dollars) at issue has not been resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) within 60 days of the occurrence disputing party's notice, a party wishing resolution of any dispute, the objecting party dispute (the "Claimant") shall submit initiate assisted Alternative Dispute Resolution ("ADR") proceedings as described in this Section. Once the Claimant has notified the other ("Respondent") of a written notice of desire to initiate ADR proceedings, the dispute proceedings shall be governed as follows: By mutual agreement, the parties shall select the ADR method they wish to use. That ADR method may include arbitration, mediation, mini-trial, or any other method which best suits the Chairperson specifying in detail the nature circumstances of the dispute. The parties shall agree in writing to the chosen ADR method and the procedural rules to be followed within 30 days after receipt of notice of intent to initiate ADR proceedings. To the extent the parties are unable to agree on procedural rules in whole or in part, the parties claimed current Center for Public Resources (CPR) Model Procedure for Mediation of Business Disputes, CPR Model Mini-trial Procedure, or CPR Commercial Arbitration Rules--whichever applies to have been involvedthe chosen ADR method--shall control, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainablesuch rules are consistent with the provisions of this Section. If the parties are unable to agree on an ADR method, the method shall be arbitration. The parties shall select a single neutral third party ("Neutral") to preside over the ADR proceedings, by the following procedure: Within 15 days after an ADR method is established, the Claimant shall submit a list of 5 acceptable Neutrals to the Respondent. Each Neutral listed shall be sufficiently qualified, including demonstrated neutrality, experience and competence regarding the requested action or resolution subject matter of the dispute. A dispute Neutral shall be deemed to have occurred adequate experience if an attorney or former judge. None of the Neutrals may be present or former employees, attorneys, or agents of either party. The list shall supply information about -47- 52 each Neutral, including address, and relevant background and experience (including education, employment history and prior ADR assignments). Within 15 days after receiving the Claimant's list of Neutrals, the Respondent shall select one Neutral from the list, if at least one individual on the date list is acceptable to the objecting party knew or reasonably should have known Respondent. If none on the list are acceptable to the Respondent, the Respondent shall submit a list of 5 Neutrals, together with the above background information, to the Claimant. Each of the basis for Neutrals shall meet the dispute. i. conditions stated above regarding the Claimant's Neutrals. Within sixty (60) 15 days after receiving the Respondent's list of the submission of the written noticeNeutrals, the Executive Committee shallClaimant shall select one Neutral, as necessary, request further information from if at least one individual on the list is acceptable to the Claimant. If none on the list are acceptable to the Claimant, collect such other information then the parties shall request assistance from the Center for Public Resources, Inc., to select a Neutral. The ADR proceeding shall take place within 30 days after the Neutral has been selected. The Neutral shall issue a written decision within 30 days after the ADR proceeding is complete. Each party shall be responsible for an equal share of the costs of the ADR proceeding. The parties agree that any other interested party or source, form a recommendation as to whether applicable statute of limitations shall be tolled during the Claimant has a valid objection or claimpendency of the ADR proceedings, and if sono legal action may be brought in connection with this agreement during the pendency of an ADR proceeding. The Neutral's written decision shall become final and binding on the parties, recommend unless a fair resolution party objects in writing within 30 days of said claimreceipt of the decision. During such periodThe objecting party may then file a lawsuit, each party application or complaint in any court or regulatory agency allowed by this Agreement. The Neutral's written decision shall provide be admissible in the other with any reasonably requested information within such objecting party's controllawsuit or regulatory proceeding. The Executive Committee All negotiations and information obtained pursuant to ADR proceedings hereunder are confidential and shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day period. ii. Within sixty (60) days be treated as compromise and settlement negotiations for purposes of the submission Federal and state Rules of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth belowEvidence.