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XIV. APPEALS PROCEDURES
A. Appeal Process
1. All claims made by third parties that arise as a result of the transmission
of a producer's presenter's program will be referred to the producer/presenter
for resolution.
2. Any other dispute between Olelo and the client (except disputes
related to employee/facility safety as described in Section XIII below
and appeals regarding the Chief Executive Officer/President) will be
referred to a neutral third-party appointed by the Chief Executive Officer/President
(the appointee may be a person employed or associated with Olelo who
is not involved in the dispute) who shall make findings and recommendations
to the Chief Executive Officer/President. If the appeal is regarding
the Chief Executive Officer/President, the appeal shall be referred
to a neutral third-party appointed by the Board of Directors ("the Board")
who shall make findings and recommendations to the Board.
The client shall provide the Chief Operations Officer with a written
statement of his/her appeal (no longer than two double-spaced pages)
that includes the following:
(a) a brief description of the dispute;
(b) citations to relevant operating procedures; and
(c) the relief requested.
The fact finder may interview any or all of the participants and knowledgeable
third-parties and take other steps he/she thinks are appropriate to
understand the relevant facts.
3. The Chief Executive Officer/President shall consider the findings
and recommendations, and will make a final determination regarding the
dispute (except those appeals concerning him/herself). There shall be
no appeal.
In the event that the appeal is regarding Chief Executive Officer/President,
the Board shall consider the findings and recommendations, and will
make a final determination regarding the dispute. There shall be no
appeal.
B. Arbitration
If a client disagrees with the Chief Executive Officer/President's
decision, the dispute shall be referred to binding arbitration to Dispute
Prevention and Resolution ("DPR"). Costs of the arbitration shall be
shared equally by the client and Olelo, paid in advance. Each party
will be liable for his/her/its own legal fees.
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