5.4. ERMUSR 02-20-2007 - Laserfiche WebLink

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BROOKINGS-TWIN CITIES DEVELOPMENT PROJECT AGREEMENT Section 1002. Notices. Any notice, demand, approval, proposal, protest, direction or request provided for in this Agreement to be delivered, given or made to the Participant shall be deemed delivered, given or made if delivered in writing in person or mailed by registered or certified mail, postage prepaid, return receipt requested, addressed to the person and at the address designated in writing filed with CMMPA by the Participant. The Participant may change such designation, at any time and from time to time, by giving notice to CMMPA as below provided. Any such notice, demand or request to be delivered, given or made to CMMPA shall be deemed delivered, given or made if delivered in writing, in person, or sent by mail as above provided to the following address: Executive Director Central Minnesota Municipal Power Agency 459 South Grove Street Blue Earth, Minnesota 56013 or such other address designated by CMMPA, as provided above. Section 1003. Arbitration. Any dispute under this Agreement may be submitted to arbitration at the request of either CMMPA or the Participant provided that the other party agrees. Copies of any such request shall be given to all other Participants and it shall specify the issue or issues in dispute. Within ten days after receipt of such a request CMMPA and the Participant shall confer and attempt to agree upon appointment of a single arbitrator. If such agreement is not accomplished, CMMPA or the Participant may request the American Arbitration Association to appoint an arbitrator. The arbitrator shall conduct a hearing within thirty days thereafter, unless such time is extended by agreement of CMMPA and the Participant, shall notify the parties of his or her decision, stating his or her reasons for such decision, in writing, and separately listing his or her findings of fact and conclusions of law. The arbitrator shall not have power to amend or add to this Agreement. Subject to such limitation, the decision of the arbitrator shall be final and binding on CMMPA and the Participant except that either party may petition a court of competent jurisdiction for review of the arbitrator's decision. The pendency of arbitration shall affect neither the obligation of the Participant to make any payment in full when due under this Agreement nor the obligations of this Agreement upon the failure of the Participant to make any payment in full when due under this Agreement. The prevailing party of a disputed matter shall be entitled to recover from the other party its reasonable legal fees and other costs of arbitration and court proceedings. Section 1004. Applicable Law. This Agreement is made under and shall be governed by the law of the State of Minnesota. Section 1005. Severability. C:\Documents and Settings\Bryan\Local Settings\Temporary Internet Files\OLK53\Cap X Brookings 2-12-07 ZrJ clean.doc