Laserfiche WebLink
14 <br />Section 8.04 EASEMENT OUTSIDE THE PROJECT FOOTPRINT. If the Metro Flood Diversion Authority owns property outside of the Project Site in fee and the Utility needs an easement over, across, or under the property, the Metro Flood Diversion Authority shall grant the Utility an easement in the form of the easement template attached hereto as Exhibit 3 at a mutually agreed upon price. <br /> Section 8.05 RECORD KEEPING. The Utility shall maintain or cause to be maintained (by way of contract and enforcement of such contract) a complete set of records detailing all costs it incurs in the Utility Relocation Project, in accordance with the recordkeeping and audit <br />requirements of this Agreement and the laws of the State. <br /> Section 8.06 FUTURE PERMITS. Should the Utility file a formal permit application pertaining to the Utility line relocated pursuant to this Agreement with the Metro Flood Diversion Authority after the Effective Date, the Metro Flood Diversion Authority shall <br />grant, at no cost to the Utility, the permit application so long as the permit application meets all <br />reasonable requirements listed in the instructions to said permit application and the proposed crossing would not unreasonably risk harm to the DCAI or interfere with other facilities already contained within the Project Site, as determined by the Metro Flood Diversion Authority. Should the Utility desire to modify an existing Utility line, the Metro Flood Diversion <br />Authority, in its sole discretion shall determine whether the modification is allowable under a <br />previously existing permit or whether the modification is significant enough in its nature or effect to require the Utility to apply for a new permit. <br /> ARTICLE IX. DISPUTES WITH CONTRACTORS AND OTHER THIRD PARTIES Section 9.01 COORDINATION. The Parties shall coordinate with respect to any dispute <br />with third parties. Such coordination shall include any potential or ongoing litigation, and each Party shall bear its own fees and costs in connection therewith. <br /> <br /> <br />ARTICLE X. DISPUTES BETWEEN THE UTILITY AND METRO FLOOD DIVERSION AUTHORITY Section 10.01 INTENT AND PROCEDURE. The Utility and the Metro Flood Diversion Authority shall cooperate and use their Best Efforts to ensure that the provisions of this Agreement are fulfilled. The Parties agree to act in Good Faith to undertake resolution of disputes in an equitable and timely manner and in accordance with the provisions of this <br />Agreement. If disputes cannot be resolved informally by the Parties or under other, situation- <br />specific dispute resolution mechanisms contained herein, the following procedures shall be used. Section 10.02 MEDIATION. If there is a failure between the Parties to resolve a dispute on their own, the Parties shall first attempt to mediate the dispute. The Parties shall agree upon <br />a single mediator, or if they cannot agree, shall each contribute three (3) names to a list of <br />mediators and select a mediator by alternately striking names until one (1) remains. The Metro