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<br />... <br /> <br />I <br />10/15/98 11 :04 AM ADP Contract <br /> <br />E. Mediator shall hear the matter and provide an informal opinion and advice, none <br />of which shall be binding upon the parties, but is expected by the parties to help resolve <br />the dispute. Said informal opinion and advice shall be submitted to the parties within <br />twenty (20) days following written d~mand for mediation. The mediator's fee shall be <br />shared equally by the parties. <br /> <br />F. If mediation fails to resolve the dispute either party may then pursue another <br />form of alternate dispute resolution or litigation. Binding arbitration shall not be a <br />remedy to the dispute, unless both parties agree in writing to that method of dispute <br />resolution. <br /> <br />G. The parties agree that OWNER's 8 page RFP and ADP's Proposal ("Proposal"), <br />dated October 6, 1998, are incorporated herein by this reference and may be used by <br />either party in any dispute or dispute resolution proceeding as evidence of intent in the <br />event of an ambiguity in this Agreement; provided, however, that in the event of a <br />conflict between this Agreement (including its exhibits A through F) and the Proposal, <br />the terms and provisions of this Agreement shall control. The terms of the RFP shall <br />control when in conflict with those set forth in the Proposal. <br /> <br />SECTION 8 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES <br /> <br />8.01 The following Exhibits are attached to and made a part of this Agreement: <br /> <br />A. Exhibit A, "Description of Basic Engineering Services and Related Matters," <br />consisting of 4 pages. <br /> <br />B. Exhibit B, "Responsibilities of the OWNER," consisting of 1 page. <br /> <br />C. Exhibit C, "Compensation for Additional Services", consisting of 1 page. <br /> <br />D. Exhibit D, "Personnel Rate Schedule", consisting of 1 page. <br /> <br />E. Exhibit E, "Reimbursable Expenses Table", consisting of 1 page. <br /> <br />F. Exhibit F, "Schedule of Completion Dates", consisting of 1 page. <br /> <br />8.02 This Agreement (consisting of pages 1 to 9, inclusive) together with the Exhibits <br />and schedules identified above constitute the entire agreement between OWNER and <br />ADP and supersede all prior written or oral understandings. This Agreement and said <br />Exhibits and schedules may only be amended, supplemented, modified or canceled by <br />a duly executed written instrument. <br /> <br />8 <br />