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4.2.3 The Arbitrator shall notify the parties by facsimile, electronic mail or telephone of the <br /> place and time for the hearing. Said arbitration shall be completed in one session, which, with <br /> appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours <br /> unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall <br /> not delay the hearing of evidence or the issuance of any award by the arbitrator. <br /> 4.2.4 The sole issue at the hearing shall be whether or not a violation of Article 4, Section <br /> 4.1 of this Agreement has occurred. The arbitrator's decision shall be issued in writing within <br /> three (3) hours after the close of the hearing, and may be issued without a written opinion. If <br /> any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but <br /> its issuance shall not delay compliance with or enforcement of the award. The arbitrator may <br /> order cessation of the violation of this Article 4 and other appropriate relief and such award <br /> shall be served on all parties by hand or the most expedient means allowed by law that meets <br /> the timelines set forth herein. <br /> 4.2.5 Such award may be enforced by any Court of competent jurisdiction upon the filing of <br /> this Agreement and all other relevant documents referred to above in the following manner: <br /> Written notice of the filing of such enforcement proceedings shall be given to the other party. <br /> In the proceeding to obtain a temporary order enforcing the arbitrator's decision as issued <br /> under Section 4.2.4 of this Article 4, all parties waive the right to a hearing and agree that such <br /> proceedings may be ex parte. Such agreement does not waive any party's right to participate <br /> in a hearing for a final order of enforcement. The Court's order or orders enforcing the <br /> arbitrator's award shall be served on all parties by hand or the most expedient means allowed <br /> by law that meets the timelines set forth herein. <br /> 4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent <br /> with the above procedure or which interfere with compliance are waived by the parties. <br /> 4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party <br /> instituting the arbitration proceedings provided in this Article and the party alleged to be in <br /> breach of its obligations under this article. <br /> 4.3 Liquidated Damages: If the arbitrator determines that a violation of Section 4.1 has <br /> occurred, the breaching party shall, within eight (8) hours of the issuance of the decision take <br /> all steps necessary to immediately cease such activities and return to work. If the breaching <br /> party involved does not cease such activities by the beginning of the next regularly scheduled <br /> shift following the expiration of the eight (8) hour period after the arbitrator's issuance of the <br /> decision, then the breaching party shall pay the sum of ten thousand dollars ($10,000) as <br /> liquidated damages to the City per shift until the breach is remedied. The arbitrator shall retain <br /> jurisdiction for the sole purpose of determining compliance with this obligation and determining <br /> the amount of liquidated damages, if any; but such retention shall not prevent the moving party <br /> from seeking judicial enforcement of the initial decision. <br /> ARTICLE 5 <br /> PRE-JOB CONFERENCE <br /> 5.1 A mandatory pre-job conference shall be held after the award of the Construction <br /> Contract and prior to the commencement of work. Such conference shall be attended by a <br />