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i <br /> i <br /> -7- <br /> 9 <br /> f• based solely on the Arbitrator' s interpretation or appli f' <br /> cation of the express. terms of this AGREEMENT and to the <br /> i <br /> facts of the grievance presented. <br /> C. The fees and expenses for the Arbitrator' s services and <br /> proceedings shall be borne equally by the EMPLOYER and the <br /> UNION, provided that each party shall be responsible for <br /> compensating its own representatives and witnesses. If <br /> either party desires a verbatim record of the proceedings <br /> it may cause such a record to be made , providing it pays <br /> for the record. If both parties desire a verbatim record <br /> of the proceedings the cost shall be shared equally. <br /> 7 .6 Waiver: If a grievance is not presented within the time limits <br /> set forth above, it shall be considered "waived_ If a grievance <br /> is not appealed to the next step within the specified time limit <br /> or any agreed extension thereof., it shall be considered <br /> settled on the basis . of the EMPLOYER'S last answer. If the <br /> E <br /> f <br /> EMPLOYER does not answer a grievance or an appeal thereof , <br /> within the specified time limits, the UNION may elect to treat <br /> E'. <br /> the grievance as denied at that step and immediately appeal <br /> 4 <br /> E' <br /> the grievance to the next step. The time limit in each step <br /> may be extended by mutual written agreement of the EMPLOYER <br /> and the UNION, in each step. <br /> This AGREEMENT is subject to the laws of the United States , the State <br /> of Minnesota and the City of St. Anthony Ordinances .. In the event <br /> any provision of this AGREEMENT shall be held to be contrary to law <br /> • by a court of competent jurisdiction from whose final judgment or <br /> I <br /> i <br />