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AG 2014 12 15
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AG 2014 12 15
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Last modified
12/16/2014 5:20:51 PM
Creation date
11/27/2017 10:53:11 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/15/2014
Board
Board of Commissioners
Meeting Type
Regular
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the executives. If the Dispute has not been resolved within ten (10) days from the Notice of <br />Dispute, the Parties will proceed to mediation. <br />15.7 Mediation. The Parties will choose an independent mediator within thirty (30) days of a <br />notice to mediate from either Party ( "Notice of Mediation "). The Senior Resident Superior <br />Court Judge in Cabarrus County will provide three names of potential mediators. The Parties <br />will agree on one of the three mediators suggested. Neither Party may unreasonably withhold <br />consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either <br />Party may request that American Arbitration Association nominate a mediator. Each Party will <br />bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each <br />Party will participate in the mediation in good faith and will be represented at the mediation by a <br />business executive with authority to settle the Dispute. <br />15.8 Litigation, Venue and Jurisdiction If a Dispute remains unresolved for sixty (60) days <br />after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of <br />competent jurisdiction in the state in which the Services are performed. Each Party irrevocably <br />agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter <br />arising under or in connection with this Agreement. <br />15.9 Confidentiality. All communications pursuant to subsection 17 will be treated as <br />compromise and settlement negotiations for purposes of applicable rules of evidence and any <br />additional confidentiality protections provided by applicable law. The use of these Dispute <br />resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to <br />affect adversely the rights of either Party. <br />15.10 Export Requirements Customer acknowledges that Customer may have an obligation <br />(independent of this Agreement), to comply with export laws of the United States in connection <br />with its use of the Services. Customer agrees to comply with all applicable export laws and <br />regulations of the United States of America or such other country of origin. Violation of this <br />provision shall constitute just cause for immediate termination of this Agreement by Motorola <br />without liability to Customer. Motorola will cooperate with Customer in obtaining any <br />regulatory approvals, permits, or licenses that are necessary to enable Customer to exercise its <br />rights herein, at Customer's expense. If, at the time or times of Motorola's performance <br />hereunder, a validated export license or other export authorization is required for Motorola, or its <br />subcontractor, to lawfully export the goods, source code or technical data from the United States <br />of America or such other country of origin, then the issuance of such license or authorization to <br />Motorola, or its subcontractor in accordance with the rules and regulations of the applicable <br />country(ies), shall constitute a condition precedent to Motorola's performance of its obligations <br />hereunder. <br />15.11 Notices All notices given by one Party to the other under this Agreement must be <br />delivered by: (a) hand delivery, (b) certified mail, return receipt requested, (c) nationally <br />recognized overnight courier service, or (d) facsimile, to the other Party's respective address <br />given below: <br />If to Customer: <br />Address: <br />Motorola Solutions, Inc. Device Management Agreement- Confidential 10/14/14 <br />Page 15 <br />Attachment number 1 <br />G -2 Page 337 <br />
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