Agenda - Council - 02/10/2015 - Laserfiche WebLink

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21.1 Neither party shall be in default under this Agreement if and to the extent that any failure or delay in either Parry's performance of one or more of its obligations hereunder is caused by any of the following conditions, and either Party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God or nature, including an earthquake, flood or hurricane; fire; fiber, Cable, or other material failures, shortages or unavailability or other delay in delivery not resulting from either Party's failure to timely place orders therefor; lack of or delay in transportation; government codes, ordinances, actions, laws, rules, regulations or restrictions; war or civil disorder; strikes or other labor disputes; failure of a third Person to grant or to recognize an Underlying Right (provided that either Party has made timely and reasonable commercial efforts to obtain the same); inability of ZAYO to obtain access to the ZAYO System; or any other cause beyond the reasonable control of ZAYO; or acts or omissions of third parties, who are not Affiliates, agents or under the direct control of the affected Party (collectively, "Events of Force Majeure"). ZAYO shall notify the County in writing of the existence of the event relied on and the cessation or termination of said Event of Force Majeure, and ZAYO shall exercise commercially reasonable efforts to minimize the time of any such delay. Notwithstanding anything in this Section, Event of Force Majeure shall not excuse non-payment under. this Agreement. 22. Dispute Resolution 22.1 Dispute Resolution Process. Except as otherwise provided in Sections 18.1(e), 19.2(a) and 25.4(c), and this Section 22, any dispute, controversy or claim between the Parties relating to, arising out of, or in connection with this Agreement (or any subsequent agreements or amendments thereto),. including as to its existence, enforceability, validity, interpretation, performance or breach or as to indemnification or damages, including claims in tort, whether arising before or after the termination of this Agreement (any such dispute, controversy or .claim being herein referred to as a "Dispute") shall be settled by use of the following procedure: (a) At the written request of a Party, each Party shall appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any Dispute. The discussions shall be left to the discretion of the representatives. Upon failure to reach agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the Parties' representatives for purposes of these negotiations shall be treated as Confidential Information developed for the purposes of settlement, exempt from discovery and production, and without the concurrence of both Parties shall not be admissible in any lawsuit. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in the arbitration. (b) If negotiations between the representatives of the Parties do not resolve the Dispute within a reasonable period of time or the Dispute is not reasonably capable of being resolved through such negotiations, the Parties may pursue all other remedies at law or in equity. 23. Assignment and Transfer Restrictions 23.1 County Assignment. Except as provided in Section 12.3, County may not sell, assign, sublease, sub -IRU or otherwise transfer all or any part of this Agreement or of its interest 24 Anoka County Master Fiber MU a 8.14.10