07. Red River Regional Dispatch Center Joint Powers Agreement review

45 Version Oct 13, 2022 Member Entities 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 Agreement. If disputes cannot be resolved informally by the Member Entities, the following procedure shall be used. Section 20.02 MEDIATION. If there is a failure between the Member Entities to resolve a dispute on their own, the Member Entities shall first attempt to mediate the dispute. The Member Entities shall agree upon a single mediator, or if they cannot agree, shall obtain a list of court appointed mediators from the Cass County District Court Administrator and select a mediator by alternatively striking names until one remains. The City of Fargo shall strike the first name, followed by the City of Moorhead, followed by Cass County, followed by Clay County, followed by the City of West Fargo, this process shall continue in that recurring order until one name remains. Section 20.03 LITIGATION IF DISPUTE NOT RESOLVED. If the dispute is not resolved within forty-five (45) days after the end of mediation proceedings, the Member Entities may litigate the matter. Section 20.04 WAIVER OF JURY TRIAL. THE MEMBER ENTITIES HEREBY KNOWINGLY, 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, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO RELATING TO THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR ALL MEMBER ENTITIES ENTERING INTO THIS AGREEMENT. THIS PROVISION APPLIES ONLY TO SUITS BETWEEN THE MEMBER ENTITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND DOES NOT APPLY TO THIRD PARTY CLAIMS OR SUITS BY OR ON BEHALF OF THE MEMBER ENTITIES FOR DISPATCH CENTER PROPERTY ACQUISITION AND/OR CONSTRUCTION CONTRACT CLAIMS AND DEFENSES. ARTICLE XXI. RIGHTS UPON REFUSAL AND WITHDRAWAL Section 21.01 INTENT. The Member Entities recognize and agree that in order to work collaboratively and in an integrated manner and within the legal constraints of the N.D.C.C. § 54- 40.3-01, and Minn. Stat. § 471.59, the Red River Regional Dispatch Center Authority will request that individual Member Entity will take appropriate and necessary actions to acquire property, lobby and obtain grants, impose and collect sales and use taxes, levy and collect special assessments as may be applicable and other incidental actions that the Red River Regional Dispatch Center Authority cannot undertake pursuant to the authorities granted to it by N.D.C.C. § 54-40.3-01, and Minn. Stat. § 471.59 and in this Agreement. The Member Entities also recognize and agree that, in order to successfully complete the Dispatch Center, individual Member Entities may have to issue Debt Obligations and are relying upon the other Member Entities to be long-term partners who will act in Good Faith and in a reasonable manner and will