RecDoc 2005-083802 Agmt05 San Mateo, County of - Courthouse Cooperative Agmt

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The County's obligations under this Section shall survive the termination of this Cooperative Agreement. 15.4 Notwithstanding any language in this Cooperative Agreement to the contrary, in the event of a dispute between the Parties, including disputes which result in mediation, arbitration or litigation, there shall be no award of attorneys' fees to either Party. Section 16. Earthquake Damages. In the event that the Courthouse Square is damaged by an earthquake and the City fails or refuses to restore it, the County may terminate this Cooperative Agreement. If the Courthouse is damaged by an earthquake, the County will restore it to the extent covered by insurance. To the extent that such damage is not covered by insurance, the County will restore the Courthouse if funding is available, and the County and the City will meet and confer to seek to find funding sources. Section 17. Jurisdiction and Venue. Any action at law or in equity brought by any of the Parties for the purpose of enforcing a right or rights provided for by this Cooperative Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, California, and the Parties hereby waive all provisions of law providing for a change of venue in these proceedings to any other county. Section 18. Successors and Assigns. It is mutually understood and agreed that this Cooperative Agreement will be binding upon the Parties and their respective successors and assigns. Section 19. Section Headings. Section headings as used herein are for convenience only and will not be deemed to be a part of the text of such sections and will not be construed to change the meanings thereof. Section 20. Entire Agreement. This Cooperative Agreement, together with any other written document referred to or contemplated by it, embodies the entire agreement and understanding between the Parties relating to the subject matter of it. Neither the Cooperative Agreement nor any of its provisions may be amended,modified,waived or discharged except in a writing signed by the Parties. Section 21. Incorporation of Exhibits. Each Exhibit referenced in this Cooperative Agreement shall be deemed incorporated herein by reference. REDW\0007\DOC\001-13 FINAL Atty/Agr/2005.006 042605 15 _ ..