Page 559 - Onboarding May 2017

32.0 DISPUTE RESOLUTION

32.1 Option to Negotiate Disputes.
The parties may, but are not obligated to, resolve any issue, dispute, or controversy arising
out of or relating to this Agreement using the procedures in this Section. Any party may
give the other party notice of any dispute not resolved in the normal course of business.
Within 10 days after delivery of the notice, representatives of both parties may meet at a
mutually acceptable time and place, and thereafter as often as they reasonably deem
necessary, to exchange relevant information and to attempt to resolve the dispute by the
respective representatives of both parties within the time frames and escalation process set
forth below;

Operator (Name/Title) Supplier (Name/Title)

Within 10 days President of Operator

Within 20 days CSCS Senior Distribution
Manager
Within 30 days CSCS Vice President of
Logistics

If either party intends to have an attorney attend a meeting, it will notify the other party at
least 2 business days before to the meeting to enable the other party to also be accompanied
by an attorney. All negotiations pursuant to this Section are confidential and will be treated
as compromise and settlement negotiations for purposes of evidentiary rules.

32.2 Continuing Performance.
Distributor will continue performance during the pendency of any dispute, unless Operator
terminates this Agreement for cause.

32.3 Waiver of Jury Trial.
EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY COURT ACTION
ARISING AMONG THE PARTIES UNDER THIS AGREEMENT OR OTHERWISE
RELATED TO THIS AGREEMENT, WHETHER MADE BY CLAIM,
COUNTERCLAIM, THIRD PARTY CLAIM OR OTHERWISE.

The agreement of each party to waive its right to a jury trial will be binding on its
successors and assignees

If the jury waiver is held to be unenforceable, the parties agree to binding arbitration for
any dispute arising out of this Agreement or any claim arising under any federal, state or
local statutes, laws, or regulations. The arbitration will be conducted in accordance with
the arbitration rules promulgated under the CPR Institute for Dispute Resolution’s (CPR”)
Rules for Non-Administered Arbitration of Business Disputes then prevailing. To the
extent that the provisions of this Agreement and the prevailing rules of CPR conflict, the
provisions of this Agreement will govern. The arbitrator(s) will be required to furnish,

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