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ATTY/AGR/2016.206/JPB – CALTRAIN ELECTRIFICATION   <br />REV: 07‐26‐16 VR  <br />Page 11 of 14  <br />SECTION 14: INSURANCE <br /> <br />The JPB shall include in its Contract Documents a requirement that the City be named an <br />additional insured on all policies of insurance required of its contractors. <br />SECTION 15: RESOLUTION OF DISPUTES <br />A. Prior to commencement of any formal litigation arising out of this Agreement, the <br />Parties shall submit the matters in controversy to a neutral mediator jointly selected by the <br />Parties. The costs of said mediator shall be borne evenly by the Parties involved in said dispute. <br />To the extent the disputes remain outstanding following completion of mediation, any claim, <br />controversy, action or proceeding arising out of or relating to this Agreement or to any <br />document, instrument or exhibit executed pursuant to this Agreement shall be tried by a judge <br />pro tem. Said judge is to be selected by counsel for the Parties from a list of retired judges <br />furnished by the presiding judge of the County of San Mateo. If counsel are unable to select a <br />judge pro tem said judge will be selected by the presiding judge from the list provided. <br />B. Each Party shall pay its pro rata share of the fee for the judge pro tem. Each Party <br />shall bear its own fees and expenses in such proceedings and the prevailing Party shall not be <br />entitled to reimbursement from the losing Party for any such fees or expenses. <br />C. The judge pro tem shall have the authority to try and decide any or all of the <br />issues in the claim, controversy, action or proceeding, whether of fact or of law, and to report a <br />statement of decision thereon. In any proceedings before the judge pro tem, the issues are to be <br />determined under the statutory and decisional law of the State of California. All local and <br />California Rules of Court shall be applicable to any proceeding before the judge pro tem. All <br />proceedings shall be conducted on consecutive dates without postponement or adjournments. <br /> <br />SECTION 16: NOTICES <br /> <br />All notices required hereunder may be given by personal delivery, US Mail, or courier service <br />(e.g. federal express) transmission. Notices shall be effective upon receipt at the following <br />addresses. <br /> <br />PCJPB: <br />Peninsula Corridor Joint Powers Board <br />1250 San Carlos Avenue <br />San Carlos, CA 94070 <br /> Attn: Executive Director <br /> <br /> City: <br />City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> Attn: City Manager <br /> <br />6.1.A. - Page 14