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benefits of this Agreement, or(2)to frustrate the purpose for which this <br /> Agreement was executed or for which the Project was developed. The Parties <br /> further agree that in the event any such unanticipated issue, situation or problem <br /> arises, they will meet and confer in furtherance of the implied covenant of good <br /> faith and fair dealing in an effort to find a mutually acceptable solution. <br /> 9.7 Resolution of Disputes <br /> 9.7.1 General <br /> The Parties will make good faith efforts to resolve disputes related to this <br /> Agreement as promptly as possible and at the lowest possible cost, <br /> utilizing the procedure described in this section. <br /> 9.7.2 Staff Level <br /> The Parties will first attempt to resolve disputes at the technical and/or <br /> administrative staff level as appropriate. If the dispute is not resolved in <br /> this manner, the Parties will proceed as described in Section 9.7.3 through <br /> Section 9.7.5, except as provided below in this Section 9.7.2. The <br /> provisions of Sections 9.7.3 through 9.7.5 do not apply to any dispute that <br /> concerns SBSA's failure to furnish Recycled Water in the quantities, of <br /> the quality, or at the times required by this Agreement,which failure <br /> occurs during the period from April 1 through October 1 of any year. In <br /> the case of a dispute described in the immediately preceding sentence, <br /> City may proceed immediately to seek a judicial decision and remedy. <br /> -25- 1091374.7 <br />