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® • <br /> Dispute Resolution Procedure: <br /> 1. The dispute resolution procedure described herein is solely limited to the issue of <br /> whether or not a material term of this Agreement has been violated by either the <br /> Park or the Tenant(s). If either party believes that the other party has violated a <br /> material term of this Agreement, that party shall file a written request on a form to <br /> be provided by the City, requesting mediation of the dispute. Upon receipt of <br /> such a written request, within fourteen (14) days thereafter, the City shall refer the <br /> parties to the City Manager or his or her designee. Before referring the parties to <br /> mediation as discussed below, the City will first determine that the complaint <br /> alleges a violation of a material term of this Agreement. If the City finds that the <br /> complaint does not allege a material violation of this Agreement, no mediation <br /> will be scheduled and the parties will be so notified. The parties will participate <br /> in a mediation of the dispute under the auspices of the City Manager or his <br /> designee. Any mediated settlement shall be reduced to writing and signed by <br /> Landlord, and the Tenant or Tenants' authorized representative and the mediator. <br /> If the dispute cannot be mediated, the mediator will advise the City in writing that <br /> the dispute cannot be mediated. Either party may then request of the City that the <br /> dispute be submitted to arbitration. Any and all costs associated with the <br /> mediation shall be borne by the City. <br /> 2. Within seven (7) days of the request for arbitration, the City shall refer the dispute <br /> to the American Arbitration Association for arbitration. The arbitrator will be <br /> charged with determining whether either party has violated a material term of this <br /> Agreement. The arbitrator(s) will be selected in association with the procedures <br /> of the American Arbitration Association, and the arbitration will be conducted in <br /> accordance with the Rules of the American Arbitration Association. All costs, <br /> other than attorneys' fees, associated with the arbitration, shall be borne equally <br /> by Landlord and the Tenant(s). <br /> J. Termination; <br /> This Agreement shall terminate at midnight on December 31, 2005, unless repealed <br /> earlier by mutual agreement between Landlord and Tenants. Any pass - throughs allowed <br /> by the Agreement which has been initiated but not completed during its term may be <br /> continued in a manner consistent with the provisions of the Agreement until they expire. <br /> K. Tenant Assistance Program; <br /> Landlord agrees to continue offering to the Tenants a rent deferral program which is <br /> designed to assist any Tenant who meets Landlord's specific standards for hardships and <br /> is unable to pay all or a portion of any increase in rent. <br /> 7 <br /> �3 <br />