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shall be subject to mediation as a condition pYecedent to initiating aYbitration oY legal <br />or equitable actions by either partyT. Unless the parties agree other�vise, the <br />mediation shall be in accordance with the Commercial Mediation Procedures of the <br />American Arbitration Association then currentlyT in effect. A request for mediation <br />shall be filed in `vriting with the American Arbitration Association and the other <br />partyT. No arbitration or legal or equitable action ma�T be instituted for a period of <br />ninety (90) days from the filing of the Yequest for mediation unless a longer period of <br />time is provided by agreement of the paYties. Cost of inediation shall be shaYed <br />equallyr between the paYties. Mediation shall be held in the Cityr of Elk RiveY unless <br />anotheY location is mutually agYeed upon byr the parties. The parties shall <br />memorialize anyT 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 employTee of the CinT and no member of the CinT <br />Council of the CityT shall have a financial interest, direct or indirect, in this <br />Agreement The violation of this provision renders the Agreement void. r�ny <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 la�vs of the State of <br />Minnesota. Executed as of the dayT and year first written above. <br />City of Elk River <br />May or <br />Cit�T Clerk <br />Project Managers <br />Zack Carlton <br />Cit�T of Elk River <br />Phone: 763.635.1035 <br />Company <br />Jason L. Messner <br />Patchin Messner Valuation Counselors <br />Phone: 952.895.1205 <br />Email: ZCarlton@E1kRiverMN.gov Email: messner@valuationcounselors.net <br />Page 5 of 7 Standard Agreement For Professional Services P 0 M E R E 0 e r <br />���V{� � <br />