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City of New Brighton <br />May 6, 2009 <br />Page 5 <br />L. DISPUTE RESOLUTION/RISK ALLOCATION <br />1. All claims, disputes, and controversies arising out of or in relation to the performance, <br />interpretation, application, or enforcement of this Agreement, including, but not limited to, <br />breach thereof, shall be referred for mediation under the then current Construction Industry <br />Medication Rules of the American Arbitration Association prior to any recourse to arbitration <br />or litigation. <br />2. The Client agrees to compensate Inspec for reasonable expenses incurred if Inspec is required <br />to respond to legal processes which are related to Inspec's services, but that arise out of a <br />lawsuit or proceeding to which Inspec is not a party. <br />3. If either party brings a lawsuit against the other, the non-prevailing party will pay the <br />prevailing party its costs of litigation, including, but not limited to, reasonable attorney's fees <br />M. OTHER PROVISIONS <br />This proposal is valid for sixty (60) days, after which time Inspec reserves the right to modify <br />and resubmit. <br />N. REMARKS <br />This Agreement represents the entire and integrated agreement between Client and Inspec and <br />supersedes all prior negotiation, representations or agreements, either written or oral. This <br />Agreement may be amended only by written instrument signed by both Inspec and.Client. <br />Nothing herein shall be construed to give any rights or benefits to anyone other than Client and <br />Inspec. <br />This Agreement entered into as of the day and <br />For Client <br />Signature <br />Printed Name <br />Printed Title <br />City of New Brighton <br />JS/bap <br />INSPEC, INC.