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<br />. <br /> <br />. <br /> <br />8.6 Mediation <br />COUNTY and SUBSCRIBER agree to submit all claims and disputes between the parties arising out of <br />or relating to this Agreement to the Subscriber Policy Group. If the Subsystem Policy Group cannot <br />reach a resolution, the COUNTY and SUBSCRIBER agree to submit the claim or dispute to mediation. <br />The mediation shall be conducted through a mutually agreed upon mediator. The parties shail decide <br />whether mediation shall be binding or non-binding. If the parties cannot reach agreement on this issue, <br />mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal <br />or equitable remedies and may commence such action prior to the expiration of the applicable statute of <br />limitations. <br /> <br />8.7 Force Maieure <br />Neither party shall be liable to the other for any loss, damage, failure, delay or breach in rendering any <br />services or performing any obligations hereunder to the extent such failure, delay or breach results from <br />any cause or event beyond the control of the party being released hereby ("Force Majeure"), including, <br />without limitation, fire or other casualty, acts or threatened acts of terrorism, pestilence or epidemic, <br />strike or labor dispute, war or other violence, acts or inaction of any governmental authority, or any other <br />cause beyond the reasonable control of the party. The excused party shall use reasonable efforts under the <br />circumstances to avoid or remove such causes of non-performance and shall proceed to perform with <br />reasonable dispatch whenever such causes are removed or cease. <br /> <br />8.8 Nothing herein shall preclude <br />the Ramsey County Board of Commissioners from exercising its full authorities in relation to this <br />Agreement. <br /> <br />800 MHz Subsystem Subscriber Agreement - City of New Brighton <br /> <br />10 of 11 <br />