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LAVWMA AND EBDA
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LAVWMA AND EBDA
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Last modified
6/2/2021 10:16:18 AM
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6/2/2021 10:15:23 AM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
6/1/2021
LONG TERM AGREEMENTS - NAME
AMENDED MASTER AGMT SEWER SYSTEM DISCHARGE
LONG TERM AGREEMENTS - TYPE
WATER SERVICES AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
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20 <br />EBDA/LAVWMA Master Agreement July 1, 2021 <br />consent of EBDA. Any such attempted assignment, transfer, alienation, lease, or contracting away <br />of such rights in violation of this paragraph is null, void, and of no effect. <br />15. Mediation or Non-Binding Arbitration <br />All claims and disputes relating to this Amended and Restated Master Agreement shall be <br />subject to, at the option of both Parties, mediation or non-binding arbitration in accordance with <br />the arbitration rules of the American Arbitration Association, except as modified herein. Either <br />Party may request mediation or non-binding arbitration by tendering such request in writing to <br />the other Party. Should the receiving Party fail to consent to mediation or non-binding arbitration <br />within thirty (30) days of receipt of a request therefor, either Party may proceed with litigation. <br />The arbitrator or arbitrators are authorized to award to the Party whose contention is <br />clearly upheld such sums, including reasonable attorney’s fees, as they deem proper for the <br />expenses incident to the arbitration. Otherwise, costs of arbitration shall be borne equally by the <br />Parties. <br />Use or operation of either Party’s facilities shall not be interrupted or delayed due to any <br />mediation or arbitration proceedings, except by written agreement of both Parties. <br />If litigation is initiated, either Party shall have the right to introduce the record of any <br />arbitration as evidence to the trial court. The trial shall be de novo with no limitation on the <br />introduction of evidence not contained in the arbitration record. The decision of the arbitration <br />panel shall be given no special weight or presumption. <br />16. Dissolution or Modification of Either Party <br />16.1 Dissolution or Modification of EBDA. In the event that EBDA is modified or <br />terminated by virtue of actions taken pursuant to its Joint Powers Agreement, the right of <br />LAVWMA to use EBDA facilities shall continue and any assignee(s) or transferee(s) of <br />DocuSign Envelope ID: 2015A7A9-8BAE-4CD6-9738-D2CFBB077285
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