Agmt 2005 Brandenburg-Staedler Mission Bay Mobilehome Community

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4. When Tenant's rent is increased pursuant to Section E above, Landlord's calculations with respect to said rent increases, as well as pertinent back up documentation, will be available for Tenants' review at the Park office, as of the date of notice of the increase to the Tenants. I. Dispute Resolution Procedure: 1. The dispute resolution procedure described herein is solely limited to the issue of whether or not a material term of this Agreement has been violated by either the Park or the Tenant(s). If either party believes that the other parry has violated a material term of this Agreement, that party shall file a written request on a form to be provided by the City, requesting mediation of the dispute. Upon receipt of such a written request, within fourteen (14) days thereafter, the City shall refer the parties to the City Manager or his or her designee. Before referring the parties to mediation as discussed below, the City will first determine that the complaint alleges a violation of a material term of this Agreement. If the City fmds that the complaint does not allege a material violation of this Agreement, no mediation will be scheduled and the parties will be so notified. The parties will participate in a mediation of the dispute under the auspices of the City Manager or his designee. Any mediated settlement shall be reduced to writing and signed by Landlord, and the Tenant or Tenants' authorized representative and the mediator. If the dispute cannot be mediated, the mediator will advise the City in writing that the dispute cannot be mediated. Either party may then request of the City that the dispute be submitted to arbitration. Any and all costs associated with the mediation shall be borne by the City. 2. Within seven (7) days of the request for arbitration, the City shall refer the dispute to the American Arbitration Association for arbitration. The arbitrator will be charged with determining whether either party has violated a material term of this Agreement. The arbitrator(s) will be selected in association with the procedures of the American Arbitration Association, and the arbitration will be conducted in accordance with the Rules of the American Arbitration Association. All costs, other than attorneys' fees, associated with the arbitration, shall be borne equally by Landlord and the Tenant(s). J. Termination: This Agreement shall terminate at midnight on December 31, 2010, unless repealed earlier by mutual agreement between Landlord and Tenants. Any pass-throughs allowed by the Agreement which have been initiated but not completed during its term may be continued in a manner consistent with the provisions of the Agreement until they expire. 7