ALP 23

I final cost allocation which affects the State and remains unresolved after direct communication
2 between the parties.
3 (b) Either party may demand ADR in writing, which demand shall include the name of a
4 qualified individual suggested by the party demanding ADR, together with a statement of the
5 matter of controversy.
6 (1) Within twenty (20) days after such demand the other party shall either agree to the
7 named individual, or suggest another arbitrator. If the parties cannot agree on such
8 naming within 20 additional days, such individual shall be named by the American
9 Arbitration Association.
10 (2) The ADR costs and expenses of each party shall be borne by that party and all the
11 joint fees and other expenses pursuant to this Article shall be borne equally by both
12 parties.
13 (3) The hearing shall be held at such time and place as designated by the arbitrator on at
14 least twenty (20) days written notice to the parties.
15 (4) All decisions determined by this ADR process shall be sent to all parties to the
16 proceedings.
17 (5) As to any procedures regarding the conduct of the ADR that are not specified either
18 in this Contract or in any other written agreement signed in advance of the hearing,
19 the parties shall follow the Commercial Arbitration Rules of the American Arbitration
20 Association.
21 (c) Nothing in this Article shall be construed to restrain or prevent the United States from
22 performing any act required or authorized under federal law, or the State from otherwise
23 challenging any such act.
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