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The following provision replaces, in its entirety, the section "What if we do not agree" of <br />the agreement: <br />A. What if We Do Not Agree. We will work with you in good faith to resolve any and all <br />disputes between us (hereinafter referred to as "Disputes") including but not limited to all <br />questions of the existence, validity, scope or termination of the Agreement or any term <br />thereof. If the Dispute pertains to a matter which is generally administered by our <br />procedures, such as a credentialing or quality improvement plan, the policies and <br />procedures set forth in that plan must be fully exhausted by you before you may invoke any <br />rights to dispute resolution under this provision. <br />If the parties are unable to resolve any such Dispute within 60 days following the date one party <br />sent written notice of the Dispute to the other party, and if either party wishes to pursue the <br />Dispute, it shall thereafter be submitted to nonbinding mediation in accordance with the <br />Commercial Dispute Procedures of the American Arbitration Association, as they may be <br />amended from time to time (see http://www.adr.org). <br />Further, we shall provide reasonable means that allow you, if aggrieved by actions of ours, to be <br />heard after you submit a written request to us. If we fail to grant or reject a request within thirty <br />days after it has been made, you may proceed as if the complaint had been rejected; except that in <br />the case of a billing dispute that has been timely -made by you, we shall render a decision within <br />sixty days of receipt of your complaint. A complaint that has been rejected by us or any dispute <br />we have with you relating to the terms of this Agreement may be submitted to nonbinding <br />mediation. <br />Any mediation proceeding under this Agreement shall be conducted in King County, WA. The <br />mediator may construe or interpret but shall not vary or ignore the terms of this Agreement and <br />shall be bound by controlling law. The parties acknowledge that because this Agreement affects <br />interstate commerce the Federal Arbitration Act applies. <br />If the parties are unable to resolve a Dispute through nonbinding mediation, and if either party <br />wishes to pursue the Dispute, such party may commence litigation proceedings. <br />In the event that any portion of this provision or any part of this Agreement is deemed to be <br />unlawful, invalid or unenforceable, such unlawfulness, invalidity or unenforecability shall not <br />serve to invalidate any other part of this provision or agreement. <br />In the event a party wishes to terminate this agreement based on an assertion of uncured material <br />breach, and the other party disputes whether grounds for such a termination exist, while such <br />Dispute remains pending, the termination for breach will not take effect. <br />This provision governs any dispute between the parties arising before or after execution of this <br />agreement, and shall survive any termination of this agreement. <br />S. The following provision replaces, in its entirety, the section "Appendix 1" of the <br />agreement: <br />Appendix 1 <br />We include as part of our agreement Appendix 2, Payment Appendix(ices), Appendix 3, Appendix 4, <br />State Regulatory Requirements Appendix, Medicare Regulatory Requirements Appendix, and Medicaid <br />Regulatory Requirements Appendix: <br />UAC/SMGA.RGGAPK09.24.WA -25- <br />