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<br /> 10 <br />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 unless <br />otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not <br />delay the hearing of evidence or the issuance of any award by the arbitrator. <br /> <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 any <br />party desires a written opinion, one shall be issued within fifteen (15) calendar days, but its <br />issuance shall not delay compliance with or enforcement of the award. The arbitrator may order <br />cessation of the violation of this Article 4 and other appropriate relief and such award shall be <br />served on all parties by hand or the most expedient means allowed by law that meets the <br />timelines set forth herein. <br /> <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. In <br />the proceeding to obtain a temporary order enforcing the arbitrator's decision as issued under <br />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 in <br />a hearing for a final order of enforcement. The Court's order or orders enforcing the arbitrator's <br />award shall be served on all parties by hand or the most expedient means allowed by law that <br />meets the timelines set forth herein. <br /> <br />4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with <br />the above procedure or which interfere with compliance are waived by the parties. <br /> <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 /> <br />4.3 Liquidated Damages: If the arbitrator determines that a violation of Section 4.1 has occurred, <br />the breaching party shall, within eight (8) hours of the issuance of the decision take all steps <br />necessary to immediately cease such activities and return to work. If the breaching party <br />involved does not cease such activities by the beginning of the next regularly scheduled shift <br />following the expiration of the eight (8) hour period after the arbitrator’s issuance of the decision, <br />then the breaching party shall pay the sum of ten thousand dollars ($10,000) as liquidated <br />damages to the City per shift until the breach is remedied. The arbitrator shall retain jurisdiction <br />for the sole purpose of determining compliance with this obligation and determining the amount <br />of liquidated damages, if any; but such retention shall not prevent the moving party from seeking <br />judicial enforcement of the initial decision. <br /> <br /> <br />ARTICLE 5 <br /> <br />PRE-JOB CONFERENCE <br /> <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 />DocuSign Envelope ID: 64BB0189-33AC-48E9-B1D7-D912FB4998D8