Decision Final and Binding. (a) If arbitration is selected, the Parties specifically agree that the arbitrator’s authority shall be strictly limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall not have authority to modify the Agreement or create additional provisions not included in the Agreement. (b) The Parties agree that neither the City nor the Association shall have ex parte communications with the arbitrator concerning any matter involved in the dispute submitted to the arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself at arbitration, but the fees and expenses of the arbitrator shall be borne equally by the Parties. (c) The written decision of the arbitrator shall be final and binding on both Parties and may not be appealed by either Party, except for any decision procured by fraud or collusion, or which exceeds the arbitrator’s jurisdiction, or which is based on legal conclusions or interpretations which are clearly contrary to existing law.
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