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I. Whenever there is a failure between the Parties to resolve a dispute on their <br />own, the Parties shall first attempt to mediate the dispute. Either Party may initiate a <br />mediation by written notice to the other party, which notice must be responded to within ten <br />(10) days. <br />2. The Parties shall agree upon a mediator, or if they cannot agree, shall obtain <br />a list of court -approved mediators from the Sherburne Comity District Court Administrator <br />and select a mediator by alternatively striking names until one remains. The City shall strike <br />the first name, folloived by SBC, and shall continue in that order until one name remains. <br />3. The mediation shall be held within thirty (30) days of the selection of the <br />mediator. <br />4. If the dispute is not resolved within thirty (30) days after the end of mediation <br />proceedings, the Parties may pursue any legal remedy. <br />N. Governing Law andJurisdiction. Any and all matters in dispute between the Parties <br />arisuig from or relating to this Management Agreement shall be governed by, construed, and <br />enforced in accordance with the laws of the State of Minnesota and the exclusive jurisdiction for any <br />claim or action arising out of or relating to this Management Agreement shall be the state or federal <br />courts located in Sherburne County, State of Minnesota, and each Party further agrees to consent to <br />the exercise of personal jurisdiction by such courts for the purpose of litigating any such claim or <br />action. <br />O. Section Headings. Section headings are for reference purposes only and are not <br />untended to create substantive rights or obligations. <br />(Signature page folloTI's ) <br />(11752655.4 ) 1.0 <br />EL185-44-683214.v4 <br />