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<br />Page 26 of 27 <br />shall be stayed pending mediation for a period of sixty (60) days from the date of filing, <br />unless stayed for a longer period by agreement of the parties or court order. <br /> <br />The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be <br />held in the place where the Project is located, unless another location is mutually agreed <br />upon. Agreements reached in mediation shall be enforceable as settlement agreements in any <br />court having jurisdiction thereof. <br /> <br />If the parties do not resolve a dispute through non-binding mediation pursuant to this <br />Section, then the method of binding dispute resolution shall be via formal claims filed in a <br />court of competent jurisdiction. <br /> <br />57. CONTROLLING LAW AND VENUE. This Agreement, its interpretation and performance, <br />and any other claims related to it shall be controlled by the laws of the state where the <br />services or work was provided, and any action brought as a result of any claim, demand or <br />cause of action arising under the terms of this Agreement shall be brought in a court of <br />competent jurisdiction within the state where the services or work were provided. <br /> <br />This Agreement is executed the day and year above noted. <br /> <br /> <br /> DIVERSION AUTHORITY: <br /> <br /> Metro Flood Diversion Authority <br /> <br /> <br /> <br /> By: <br /> Timothy J. Mahoney, Chair <br /> Diversion Authority Board <br /> <br /> <br /> <br /> By: <br /> Michael J. Redlinger, Co-Executive Director <br /> Metro Flood Diversion Authority <br /> <br /> <br /> <br />(Additional signature contained on the following page.) <br /> DRAFT