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Page 5 of 7 Standard Agreement For Professional Services <br />23.Dispute Resolution/Mediation. Each dispute, claim or controversy arising from <br />or related to this Agreement or the relationships which result from this Agreement <br />shall be subject to mediation as a condition precedent to initiating arbitration or legal <br />or equitable actions by either party. Unless the parties agree otherwise, the <br />mediation shall be in accordance with the Commercial Mediation Procedures of the <br />American Arbitration Association then currently in effect. A request for mediation <br />shall be filed in writing with the American Arbitration Association and the other <br />party. No arbitration or legal or equitable action may be instituted for a period of <br />ninety (90) days from the filing of the request for mediation unless a longer period of <br />time is provided by agreement of the parties. Cost of mediation shall be shared <br />equally between the parties. Mediation shall be held in the City of Elk River unless <br />another location is mutually agreed upon by the parties. The parties shall <br />memorialize any agreement resulting from the mediation in a Mediated Settlement <br />Agreement, which Agreement shall be enforceable as a settlement in any court <br />having jurisdiction thereof. <br />24.Conflicts. No salaried officer or employee of the City and no member of the City <br />Council of the City shall have a financial interest, direct or indirect, in this <br />Agreement. The violation of this provision renders the Agreement void. Any <br />federal regulations and applicable state statutes shall not be violated. <br />25.Counterparts. This Agreement may be executed in multiple counterparts, each of <br />which shall be considered an original. <br />26.Governing Law. This Agreement shall be controlled by laws of the State of <br />Minnesota. Executed as of the day and year first written above. <br />City of Elk River Company <br />______________________________ By:_________________________________ <br />Mayor <br />______________________________ Its:_________________________________ <br />City Clerk <br />Project Managers <br />Zack Carlton <br />City of Elk River <br />Phone: 763.635.1035 <br />Email: ZCarlton@ElkRiverMN.gov <br />Jason L. Messner <br />Patchin Messner Valuation Counselors <br />Phone: 952.895.1205 <br />Email: messner@valuationcounselors.net