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BYLAWS OF THE EAST KAUAI WATER USERS' COOPERATIVE

A Hawaii Agricultural Cooperative (HRS Chapter 421)

 

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ARTICLE 17. MEDIATION OF DISPUTES.

At the request of any party, any dispute concerning or involving one or more members and the Corporation, its Board of Directors, Directors, officers, employees, agents, managers, subordinate officers, or one or more other members relating to the interpretation, application, or enforcement of the Corporation Documents, shall first be submitted to mediation.

Nothing in the above paragraph shall be interpreted to mandate the mediation of any dispute involving:

A. Actions seeking equitable relief involving threatened property damage or the health or safety of Corporation members or any other person;

B. Actions to collect Member Fees;

C. Personal injury claims; or

D. Actions against the Corporation, the Board of Directors, or one or more directors, officers, subordinate officers, agents, employees, or other persons for amounts in excess of $2,500.00 if insurance coverage under a policy of insurance procured by the Corporation or its Board of Directors would be unavailable for defense or judgment because mediation was pursued.

If any mediation under this Article is not completed within two months from commencement, no further mediation shall be required unless agreed to by the Corporation and the member.

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