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AgdaPkt 2004-07-26
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AgdaPkt 2004-07-26
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Last modified
7/16/2012 3:58:14 PM
Creation date
7/22/2004 2:42:28 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
7/26/2004
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�S�Bi-ag <br /> 9.6 Good Faith <br /> This Agreement is the result of good faith negotiations voluntarily entered into, <br /> and it is the intent of the Parties that all aspects of performance of this Agreement <br /> will be undertaken in the same manner. The Parties acknowledge that it is not <br /> possible to anticipate every issue, situation or problem that might arise or be <br /> encountered during the term of this Agreement. As to any issue, situation, or <br /> problem not expressly provided for in this Agreement, each Party agrees to refrain <br /> from doing anything (1) to injure the right of each other Party to receive the <br /> benefits of this Agreement, or (2) to frustrate the purpose for which this <br /> Agreement was executed or for which the Project was developed. The Parties <br /> further agree that in the event any such unanticipated issue, situation or problem <br /> arises, they will meet and confer in furtherance of the implied covenant of good <br /> faith and fair dealing in an effort to find a mutually acceptable solution. <br /> 9.7 Resolution of Disputes <br /> 9.7.1 General <br /> The Parties will make good faith efforts to resolve disputes related to this <br /> Agreement as promptly as possible and at the lowest possible cost, <br /> utilizing the procedure described in this section. <br /> 9.7.2 Staff Level <br /> The Parties will first attempt to resolve disputes at the technical and/or <br /> administrative staff level as appropriate. If the dispute is not resolved in <br /> this manner, the Parties will proceed as described in Section 9.7.3 through <br /> Section 9.7.5, except as provided below in this Section 9.7.2. The <br /> provisions of Sections 9.7.3 through 9.7.5 do not apply to any dispute that <br /> -24- 1091374.7 <br />
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