4.3. SR 04-28-1997 - Laserfiche WebLink

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,Section 4: Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. Section 5: Alternative Dispute Resolution. In the event of a dispute arising under this Agreement, the parties and the Authority agree to attempt to resolve their dispute by following the process described below: A. A party shall provide written notice to the Authority describing perceived conflict, positions and underlying reasons. B. The Authority or member shall provide written response to notice with 7 days of receipt of notice. C. The parties shall meet within 14 days of receipt of response with a neutral facilitator. The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution. D. At the first meeting, the neutral facilitator will assist the parties in identifying the appropriate parties and participants in the dispute resolution process, their concerns, a meeting agenda and design for any subsequent meetings. The parties shall agree on a process for resolving the problem that would involve additional negotiations, mediation or arbitration. E. In developing the process, the parties will be guided by the following principles: 1) The parties will attempt in good faith to reach a negotiated settlement. 2) The parties agree that there must be fair representation of the parties directly involved in the dispute. 3) The parties will use legal proceedings as a last resort. 4) In the event the parties are unable to resolve the dispute, each party retains all rights, remedies or defenses it had prior to entering the process.