5.5. SR 08-14-2000 - Laserfiche WebLink

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presented their positions, the Commissioner, or his designee, will issue a memorandum of decision to resolve the issue. This decision will be binding on the parties. If the dispute involves NCDA's financial obligation to Mn/DOT under Article 7 of this agreement, then: 1. A party must provide notice to the other party identifying the dispute, its position and the reasoning for that position. 2. The party receiving the notice will provide a written response no later than 21 days of receipt of the notice. 3. No later than 14 days of the receipt of the response, the party will meet with a mediator appointed by the Commissioner of Transportation or his designee and approved by NCDA. The mediator may be a State of Minnesota employee, employed by an agency other than Mn/DOT. The mediator will assist the parties in reaching a mutually satisfactory settlement of the dispute. The parties to the dispute will pay equal shares of the Mediator's costs. 9. Governing Terms 9.1 The provisions of this agreement are severable. If any part of this agreement is determined by a court of competem jurisdiction to be contrary to law, or contrary to any rule or regulation having the effect of law, such determination will not affect the remaining portions of this agreement. 9.2 Minnesota law governs this agreement. Venue for all legal proceedings arising from this agreement will be in the appropriate state or federal court of competent jurisdiction in Ramsey County, Minnesota: 9.3 Mn/DOT's failure to enforce any provision of this agreement does not operate as a waiver of its right to subsequently enforce that provision. 9.4 This agreement contains all negotiations and agreements between the parties. No other understanding regarding tl~e .subject matter of this agreement, whether written or oral, may be used to bind any party. 9.5 Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved this agreement, or their successors in office. 10. Authorized Agents 10.1 Mn/DOT's Authorized Agent for the purposes of the administration of this agreement is the Director of the Mn/DOT Office of Passenger Rail. The current address and telephone number are the Mn/DOT Central Office, First Floor, 395 John Ireland Blvd., St. Paul, MN 55155, (651) 284-4028. Mn/DOT's Authorized Agent has the authority to deliver and receive any notices required or permitted under this agreement. 10.2 The Chair of the NCDA will also serve as NCDA's Authorized Agent for the purposes of the administration of this agreement.