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Page 6 <br /> 6.2.3. 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 either <br /> party desires a verbatim record of the proceedings, it may cause <br /> such a record to be made, providing it pays for the record. If both <br /> parties desire a verbatim record of the proceedings, the cost shall <br /> be shared equally. <br /> 6.3. Waiver. If a grievance is not presented within the time limits set forth <br /> above, it shall be considered "waived". If a grievance is not <br /> appealed to the next step within the specified time limit or any <br /> agreed extension thereof, it shall be considered settled on the <br /> basis of the EMPLOYER'S last answer. If the EMPLOYER does not <br /> answer a grievance or an appeal thereof, within the specified <br /> time limits, the UNION may elect to treat the grievance as denied <br /> at that step and immediately appeal the grievance to the next <br /> step. <br /> 6.4. The time limit in each step may be extended by mutual written agreement <br /> of the EMPLOYER and the UNION, in each step. <br /> 7. SAVINGS CLAUSE. <br /> 7.1. This Agreement is subject to the law. In the event any of this Agreement <br /> shall be held to be contrary to law by a court of competent jurisdiction from <br /> whose final judgement or decree no appeal has been taken within the time <br /> provided, such provision(s) shall be voided. All other provisions shall <br /> continue in full force and effect. The voided provision may be re-negotiated <br /> at the written request of either party. All provisions of this Agreement shall <br /> continue in full force and effect. <br /> 8. SENIORITY. <br /> 8.1. Seniority shall be determined by the EMPLOYEE'S length of continuous <br /> employment with the Fire Department and posted in an appropriate location. <br /> Seniority rosters may be maintained by the Department Head on the basis <br /> of time in grade and time within specific classifications. A seniority list shall <br /> be established by the EMPLOYER and a copy of that list forwarded to the <br /> UNION. <br /> 8.1.1. Seniority shall be according to time and date of hire. <br />