Agenda - Council Work Session - 04/26/2011

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the Property except to the extent that it is a responsible party as to such substances under any applicable Environmental Law. Nothing herein shall impair Landlord's or Tenant's right of action against responsible parties under any applicable environmental law. 15.5 Upon termination of this Lease, Tenant shall cause any and all Hazardous Substances stored on or about the Property and any contamination caused by Tenant to be completely removed prior to Tenant's vacating the Property at Tenant's expense and in compliance with all applicable laws. 16. ALTERNATIVE DISPUTE RESOLUTION. In the event of a dispute between the parties arising under this Lease, the parties agree to attempt to resolve their dispute by following the process described below: (a) A party (the Initiating Party) may initiate this dispute resolution process by providing the other party (the Responding Party) with a written notice describing the perceived conflict, the Initiating Party's position, and underlying reasons therefor. (b) The Responding Party shall, within ten (10) working days of receipt of such notice, provide the Initiating Party with a written response describing its view of the perceived conflict, the Responding Party's position, and underlying reasons therefore. (c) The parties shall meet within fourteen (14) working days from the date the Initiating Party receives the Responding Party's response to resolve the dispute. If the Parties are unable to resolve the dispute, the Parties shall meet with a neutral facilitator to be agreed upon by the Parties within ten (10) working days from the date of the meeting. Costs of such facilitator shall be shared equally by the Parties. (d) At the first meeting the neutral facilitator will assist the parties in identifying the appropriate parties and participants in the dispute resolution process, their concerns, and establish a meeting agenda for any subsequent meetings. The parties shall agree on a process for resolving the problem, which could involve additional negotiations, mediation, or arbitration. (e) In developing the process, the parties will be guided by the following principles: (i) The parties will attempt in good faith to reach a negotiated settlement. (ii) The parties agree there will be fair representation of the parties. (iii) The parties will use legal proceedings as a last resort. (iv) In the event the parties are unable to resolve the dispute, each party shall retain all rights, remedies, and defenses it had prior to entering the process, except that each party shall be responsible for its own attorney's fees and costs. 11