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-7- <br /> • based solely on the Arbitrator's interpretation .or appli- <br /> cation of the express. terms of this AGREEMENT and to the <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 desir.es *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 proceedingsthe 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 /> EMPLOYER does not answer a .grievance or .an appeal thereof, <br /> within- the specified time limits,- ,. the UNION may elect to treat <br /> the grievance as denied .at that. step- and immediately appeal <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 />