6.5. ERMUSR 05-16-2006 - Laserfiche WebLink

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April 21, 2006 draft ARTICLE VI GENERAL 6.01 Metering. Connexus Energy and City will provide metering as shown in Exhibit A. Metering will be tested on an annual basis. Either Party has a right, upon 10- day notice, to test or observe testing of their respective meters. 6.02 Limitation of Liability. Notwithstanding anything to the contrary herein, the Parties shall have no liability to each other or for any indirect, special or consequential, damages including but not limited to loss of use, revenues or profits. 6.03 Arbitration. Arbitration of disputes between the parties with respect to any provision of this Agreement shall be handled as follows: A) Any controversy, claim, counterclaim, dispute, difference, or misunderstanding arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration. The Party desiring arbitration shall demand such arbitration by giving written notice to the other party setting forth the point or points in dispute. Any such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, subject to the qualification that the arbitrator named shall be competent by virtue of education and experience in the subject matter. B) Each Party shall have the rights of discovery in the manner provided under the rules governing civil actions in State district court in the State of Minnesota. The arbitrator shall specifically consider all factors relevant to the reasonableness of each Party's position regarding the dispute including, but not limited to, 1) the facts known and the facts that should have been known to each Party at the time of action or inaction giving rise to the dispute, 2) the time available in which to act, and 3) other factors relevant under the circumstances. In arriving at a decision, the arbitrator necessarily must interpret and construe this Agreement; however, nothing contained herein shall be deemed to permit the arbitrator to waive or change any of the express provisions of this Agreement, including this provision C) Each Party shall bear its own costs related to the arbitration and the costs in connection with arbitrator shall be paid in equal parts by the Parties involved in the arbitration unless the award shall specify otherwise. Pending the fmal decision of the arbitrator of a dispute hereunder, all Parties agree to diligently proceed with the performance of all obligations, including all payments, required by this Agreement. The decision of the