R2007-94 AUTHORIZING AGREEMENT - Laserfiche WebLink

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20. Dispute Resolution. Except as otherwise provided in this Agreement, the Parties shall make diligent good faith efforts to resolve all issues and disputes that arise in the administration of this Agreement through discussions between designated representatives of the Parties, and use of non-binding mediation, if time permits. Each Party shall bear its own costs of inediation including attorney fees. 21. Reservation of Ri�hts. 21.1 The right is hereby reserved to the Municipality to adopt and enforce, in addition to the tenns, conditions and provisions contained in tllis Agreement and in otherwise existing applicable ordinances, such ordinances, rules and regulations as it shall find necessary or desirable in the exercise of its police powers; provided, that such ordinances, rules and regulations shall be reasonable and shall not be in material conflict with the rights herein granted. 21.2 In addition to the specific rights of inspection otherwise provided for in this Agreement, the Municipality shall also have the right to make such inspections at reasonable times and places as it shall find necessary to insure compliance with the terms, provisions and conditions of this Agreement and other relevant provisions of law. 22. Amendment of this A�reement. 22.1 In addition to such amendments and modifications as may be provided for by applicable law, subsequent to the Effective Date, it is the intent of the Parties that this Agreement may be amended by mutual agreement from time to time in accordance with this Section to allow AT&T to implement new services and developments, or to agree to any terms allowed by law (including Statewide Video Legislation, as defined below), and each Party agrees to bargain in good faith with the other Party upon the initiation of any such proposed amendments. 22.2 If either Party deternlines that a change is recommended and consistent with the terms of this Agreement, and is economically feasible as determined following a joint evaluation of AT&T's financial condition, the length of the term remaining, economic waste, if any, that would occur should the terms be changed, and the profitability of the services provided in the Municipality, the Parties will in good faith, review and negotiate the terms of the change and any amendment to this Agreement. Based on this review, and upon adoption of such a change or new requirement through a mutually acceptable amendment, the change will become effective. 22.3 Except as provided in Section 33.2 below, the Parties agree to consult in the event that any court, agency, commission, legislative body, or other authority of competent jurisdiction issues a finding that limits the validity or enforceability of this Agreement, in whole or in part. Should the finding be final, non-appealable and binding upon either the Municipality or AT&T, this Agreement shall be deemed modified or limited to the extent necessary to address the subject of the finding unless either Party, within thirty (30) days of receipt of the ruling, provides written notice to the other Party of election to terminate, in which case this Agreement shall tenninate within six (6) months or such earlier period as the Parties mutually may agree. Where the effect of a finding is a modification, the Parties shall enter into good faith negotiations to modify this Agreement in the manner which best effectuates its overall purposes and the intentions of the Parties. Failure to reach a mutually satisfactory modification within ninety (90)