NORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM (NOCROP)

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expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVII. DISPUTES A. Nonbinding Mediation. The Parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement (collectively, a "Claim"), must be submitted to JAMS or Indicate West, or their successor (the "Mediation Provider"), for mediation, prior to the initiation of any proceeding, Either Party may commence mediation by providing a written request for mediation to the Mediation Provider and to the other Party. The written request for mediation must set out the subject of the dispute and the relief requested. The Parties will cooperate with the selected Mediation Provider and with one another in selecting a mediator from the Mediation Provider's panel of neutrals and in scheduling the mediation proceedings. The Parties will participate. in the mediation in good faith, The Parties will share equally in the cost of the mediation. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the Parties, their agents, employees, experts, and attorneys, and by the mediator or any Mediation Provider employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any action, judicial reference or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable is not rendered inadmissible or non -discoverable as a result of its use in the mediation. B. Arbitra on, All Claims that are not resolved by mediation must be submitted to arbitration. Either Party may initiate arbitration proceedings with respect to the matters submitted to mediation at any time after the initial mediation session or at any time 60 days or more aftor the date of filing the written request for mediation, whichever occurs first ("Earliest Initiation Date"). Arbitration must be conducted by JAMS or Judicate West, unless otherwise agreed by the Parties, in the County where the parties are located. The costs and expenses of the arbitration, including without limitation, attorneys' fees, shall be borne by the Parties in the manner determined by the arbitrator. Any legal action taken under this agreement, including without limitation for (I) entry of judgment upon any arbitration award or (ii) adjudication of any controversy, claim or dispute arising from a breach or alleged breach of this paragraph may be heard or tried only in the courts of the State and County in which the parties are located or the Federal District Court with jurisdiction over that County, C. If receiving WIOA funds, procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in Page 16 of 19