05-17-2018
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05-17-2018
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15 <br />Flood Diversion Authority shall strike the first name, followed by the Utility, until one (1) <br />name remains. Section 10.03 LITIGATION IF DISPUTE NOT RESOLVED. If the dispute is not resolved within forty-five (45) days after the selection of the mediator pursuant to Section 10.02, the Parties may litigate the matter. <br /> Section 10.04 LEGAL FEES. Each Party will be responsible for its own attorney’s fees in connection with a dispute under this Article. Section 10.05 WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY, <br />IRREVOCABLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHTS THAT ANY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, PROCEEDING, COUNTERCLAIM, OR DEFENSE BASED ON THIS AGREEMENT OR ARISING OUT OF, UNDER, OR IN ANY CONNECTION WITH THIS AGREEMENT, OR WITH RESPECT TO ANY COURSE OF CONDUCT, COURSE OF DEALING, <br />STATEMENTS (WHETHER ORAL OR WRITTEN), OR ACTIONS OF ANY PARTY HERETO RELATING TO THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR ALL PARTIES ENTERING INTO THIS AGREEMENT. THIS PROVISION APPLIES ONLY TO SUITS BETWEEN THE UTILITY AND METRO FLOOD DIVERSION AUTHORITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND DOES NOT APPLY TO THIRD-PARTY CLAIMS OR SUITS BY OR ON BEHALF OF THE PARTIES FOR PROJECT PROPERTY ACQUISITION AND/OR CONSTRUCTION CONTRACT CLAIMS AND DEFENSES. <br /> <br />ARTICLE XI. USE OF EMINENT DOMAIN <br /> Section 11.01 EMINENT DOMAIN. Nothing in this Agreement shall be construed as limiting the Metro Flood Diversion Authority’s or the Utility’s ability to exercise its powers of eminent domain. <br /> ARTICLE XII. MISCELLANEOUS <br /> Section 12.01 NOTICE. All notices under the Agreement will be in writing and: (a) delivered personally; (b) sent by certified mail, return receipt requested; (c) sent by a recognized overnight mail or courier service, with delivery receipt requested; or (d) sent by facsimile or <br />email communication followed by a hard copy and with receipt confirmed by telephone or return <br />receipt (in the case of email communication), to the following addresses: <br /> <br />(a) All notices to the Metro Flood Diversion Authority, including Project <br />correspondence, submittals, and samples, will be marked as regarding the Project and will be delivered to the following address or as otherwise directed by the Metro Flood Diversion Authority’s authorized representative: <br />CH2M
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