25-AGREEMENT BETWEEN THE CITY OF PARIS AND DAISY FARMS

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11.7 Waiver or Subrogation. It is the intention and agreement of both Parties that any insurance carriers involved shall not be entitled to subrogation under any circumstances against any Party to this Agreement. Neither Party shall have any interest or claim in the other's insurance policy or policies, or in the proceeds thereof, unless specifically covered therein as an additional insured. ARTiCLE 12 llispute Resolution 12.1 Non-binding mediation. Each Party agrees that, prior to filing a lawsuit or an administrative complaint with a regulatory agency on an issue related to the terms of this Agreement or otherwise related to water supply in lieu of this Agreement, the Party shall submit the dispute to non-binding mediation. The Parties will attempt to agree on a professional attorney/mediator based in and/or willing to conduct the mediation in Paris, Texas, but if this is not possible, the Parties will engage an attorney/mediator from another city located within one hundred thii-ty (130) miles from Paris, Texas. Each Party agrees to mediate in good faith to attempt to resolve any dispute hereunder, to pay their propor•tionate share of the mediation costs, and to bring an authorized representative of the Party to the mediation having settlement authority; provided, however, that any settlement reached at mediaCion is subject to formal approval by the Paris City Council. This provision survives termination of this Agreement. ARTICLE 13 Notice 13.1 Manne►- of Giving Notice. Unless otherwise provided in this Agreement, any notice, communication, request, reply, advice, approval or consent herein provided or permitted to be given, made, or accepted by either Party to the other, must be in writing and may be given or be served by depositing the same in the United States Mail postpaid and registcred or certified and addressed to the Party to be notified with return receipt requested, or by hand delivering the sazne to the Parties' representatives as identified in this Section 13.1, or by prepaid telegram, when appropriate, addressed to the Party to be notified. Any stich matter deposited in the mail in the maniier hereinabove described shall become exclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the earlier of actual receipt of notice or the expiration of four (4) days after it is so deposited. Any such notice given in any other manner shall be effective only if and when received by the Party to be notified. Notice to Paris: City Manager With a Cop,v to: City of Paris City Attorney P.O. Box 9037 P.O. Box 9037 Paris, Texas 75461-9037 Paris, Texas 75461-9037 Notice to Daisy Farms: David Sokolsky, Manager Daisy Farms, LLC 12750 Merit Drive Dallas, Texas 75251 Page 17 of 23 214