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<br />21. General: Each party to this Agreement agrees that any dispute arising under this Agreement <br />shall be submitted to binding arbitration according to the rules and regulations of the American <br />Arbitration Association. If any dispute arises the prevailing party shall be entitled to the costs and <br />attorney's fees from the losing party for enforcement of any right included in this Agreement, both <br />a Court of first jurisdiction and all Courts of Appeal. <br /> <br />22. No Construction Against Drafting Party: Each party to this Agreement expressly recognizes <br />that this Agreement results from a negotiation process in which each party was represented by <br />counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other <br />presumptions against the party drafting this Agreement concerning its construction, interpretation <br />or otherwise accrue to the benefit of any party to this Agreement, and each party expressly <br />waives the right to assert such a presumption in any proceedings or disputes connected with, <br />arising out of, or involving this Agreement. <br /> <br />IN WITNESS WHEREOF, the parties execute this Agreement on the date(s) indicated below. <br /> <br />Licensee: <br /> <br /> <br />By: <br /> <br />Printed Name: Ed Everett <br /> <br />Title: City Manager <br /> <br />Date: September 26, 2006 <br /> <br />Licensor: Emergency Communications Network, Inc. <br /> <br />By: <br /> <br />. -U~ <br />~-- <br /> <br />-------- <br /> <br />Printed Name: <br /> <br />David DiGiacomo <br /> <br />Title: <br /> <br />Vice President <br /> <br />Date: <br /> <br />\0)5 Jwo~ <br /> <br />. , <br /> <br />Emergency Communications Network, Inc <br />CodeREO@ Services Agreement <br /> <br />Page 5 of 6 <br /> <br />Initials ~ <br />Licensor <br /> <br />Licensee ~ <br />