Alternative Dispute Resolution Notice

ALTERNATIVE DISPUTE RESOLUTION NOTICE

Date of Notice:   From (Initiating Party):   To (Responding Party):

Contract/Agreement Title:   Contract Date:

RECITALS

WHEREAS, the Initiating Party and the Responding Party are parties to the Contract/Agreement identified above, under which certain obligations and rights arise between them;

WHEREAS, a dispute has arisen concerning the performance, interpretation, or enforcement of the Contract/Agreement as described herein; and

WHEREAS, the Contract/Agreement requires, or the parties have otherwise agreed, to submit covered disputes to an alternative dispute resolution process prior to, or in lieu of, litigation;

NOW, THEREFORE, the Initiating Party provides this Alternative Dispute Resolution Notice in accordance with the Contract/Agreement and applicable law.

1. CLAIMS AND RELIEF SOUGHT

The Initiating Party hereby asserts the following claims and describes the relief sought. This description is made without waiver of any legal or equitable claim, defense, or remedy.

2. REQUESTED ADR PROCEDURE

The Initiating Party proposes the following method(s) of alternative dispute resolution. Check all that apply and provide proposed parameters where indicated.

Mediation    Arbitration    Neutral Evaluation

3. TIMETABLE

The Initiating Party proposes that the ADR process commence by the following date and that the parties meet the scheduling obligations set forth below.

4. CONFIDENTIALITY

All communications, statements, documents, and offers made in the course of the ADR process shall be confidential and inadmissible in any subsequent litigation to the fullest extent permitted by applicable law, except as necessary to enforce an ADR settlement or as otherwise required by mandatory law. The parties agree to treat any settlement discussions as privileged and not to disclose them to third parties without prior written consent.

Confidentiality requested: Yes

5. NEUTRAL SELECTION AND PROCEDURE

If the parties cannot agree on a neutral, the neutral shall be selected pursuant to the selection procedure specified in the Contract/Agreement. If no procedure is specified, the parties agree that each side shall nominate one neutral within 10 days of receipt of this Notice and the two nominees shall select a chair within 7 days thereafter. If the nominees cannot agree, either party may request appointment by the proposed administrator identified above.

6. COSTS AND FEES

Unless the Contract/Agreement provides otherwise, the parties agree that the fees and expenses of the neutral or administrator shall be borne as follows (check one or specify alternative allocation):

Split equally between the parties    Initiating Party pays all fees    Responding Party pays all fees

7. RESERVATION OF RIGHTS

Submission of this Notice is not an admission of liability, waiver of claims, or election of remedies. The Initiating Party expressly reserves all rights, claims, defenses, and remedies available at law or in equity, except as expressly waived in any subsequent written settlement agreement signed by both parties.

8. NOTICES

Notices and communications concerning this ADR Notice shall be delivered as set forth below. Delivery by hand, certified mail, overnight courier, or electronic mail (if the recipient has consented to delivery by email) shall be effective upon receipt.

9. GOVERNING LAW; MISCELLANEOUS

This Notice and any ADR process commenced hereunder shall be governed by the substantive laws of the state specified below, without regard to its choice of law principles.

Amendments: Any amendment to this Notice must be in writing and signed by the party making the amendment. Waiver: A failure or delay to exercise any right under this Notice or the Contract/Agreement shall not constitute a waiver of that right. Counterparts: This Notice may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Entire Agreement: This Notice constitutes the complete and exclusive statement of the terms related to the initiation of ADR and supersedes any prior oral or written communications on the same subject to the extent they relate to initiation and scheduling of ADR under the Contract/Agreement.

Severability: If any provision of this Notice is held invalid or unenforceable, the remainder of the Notice shall remain in full force and effect to the extent permitted by law.

10. SIGNATURES

The undersigned hereby certify that they are authorized to provide this Alternative Dispute Resolution Notice on behalf of the party identified and that the information contained herein is true and correct to the best of their knowledge.

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