RES 85237 - Laserfiche WebLink

federal, state or regional agency restricting EBDA. Upon notification of each violation, LAV~I,1A shall take prompt, corrective action as necessary to meet said discharge requirements. In the event that LAVWMA is made responsible fo~ any fines or sanctions imposed due to the failure of EBDA to meet discharge requirements, EBDA shall hold LAVWMA free and harmless from liabilities and/or damages incurred by it, which damages are the direct and proximate result of a violation by EBDA'and said damages shall include, but not be limited to, legal, engineering, administrative expenses, fines and damages, incurred by LAVWMA as a result of cease and desist order or court injunction from any federal, state or regional agency restricting LAVWMA. Upon notification, EBDA shall take prompt and -_= .... corrective action as may be required to meet said discharge requirements. 10. Arbitration of Disputes: All claims and disputes relating to this Agreement shall be subject to arbitration, at the option of the parties, in accordance with the arbitration rules of the American Arbitration Association. The arbitrators, if they so deem, are authorized to award to the party whose contention is clearly upheld such sums as they deem'proper for the expense incident to the arbitration. Otherwise, costs of arbitration shall be borne equally by both parties. The arbitrators shall be entitled to a reasonable compensation taxable against the parties, or party, as a cost of arbitration, Use or operation of either party's facilities shall not be interrupted or delayed due to any arbitration proceedings except by written agreement of both parties. A decision by the arbitration panel shall be a condition precedent to the filing of any legal action relating to this Agreement, except as othen~ise provided herein. If legal action is initiated, the party prevailing in arbitration shall have the right to introduce the record of the arbitration as -6-