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Page 6 <br /> and the UNION and shall have no authority to make a <br /> decision on any other issue not so submitted. <br /> 6.2.2. The Arbitrator shall be without power to make decisions <br /> contrary to, inconsistent with or modifying or varying in any <br /> way the application of laws, rules or regulations having the <br /> force and effect of law. The arbitrator's decision shall be <br /> submitted in writing within thirty (30) days following the <br /> close of the hearing or the submission of briefs by the <br /> parties, whichever is later, unless the parties agree to an <br /> extension. The decision shall be binding on both the <br /> EMPLOYER and the UNION and shall be based solely on the <br /> Arbitrator's interpretation or application of the express <br /> terms of this Agreement and to the facts of the grievance <br /> presented. <br /> 6.2.3. The fees and expenses for the Arbitrator's services and <br /> proceedings shall be borne equally by the EMPLOYER and <br /> the 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, it <br /> may cause such a record to be made, providing it pays for <br /> the record. If both parties desire a verbatim record of the <br /> proceedings, the cost shall be shared equally. <br /> 6.3. Waiver. If a grievance is not presented within the time limits set <br /> forth above, it shall be considered "waived". If a grievance <br /> is not appealed to the next step within the specified time <br /> limit 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 <br /> thereof, within the specified time limits, the UNION may <br /> elect to treat the grievance as denied at that step and <br /> immediately appeal the grievance to the next step. <br /> 6.4. The time limit in each step may be extended by mutual written <br /> agreement 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 <br /> • Agreement shall be held to be contrary to law by a court of competent <br /> jurisdiction from whose final judgement or decree no appeal has been <br />