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they individually may deem appropriate, including but not limited to, <br /> seeking declaratory relief, damages, rescission or injunctive or other <br /> equitable relief from a court of competent jurisdiction. Any lawsuit <br /> between the Parties will be filed and prosecuted in the Superior Court of <br /> the State of California. For purposes of venue, the Parties agree that this <br /> Agreement is made and is to be performed in San Mateo County, and that <br /> both Parties are located in San Mateo County. <br /> 9.7.7 Attorneys' Fees <br /> Each Party will bear its own attorneys' fees and costs in all aspects of <br /> dispute resolution. <br /> 9.8 Lease and Easements <br /> Certain Project facilities to be owned by City will be located on property owned <br /> by SBSA. Both this Agreement and a lease of such property between SBSA and <br /> City dated as of August 1, 2004 are intended to be integrated and coordinated <br /> documents, and shall be so interpreted. <br /> The Parties agree to provide each other with such additional property interests at - <br /> fair market value as may be required for the construction, operations and <br /> maintenance of the Recycled Water facilities, including without limitation <br /> easements and rights of entry. Such property interests shall be granted in <br /> exchange for fair market value. If the Parties are unable to agree on such value, it <br /> shall be determined by a qualified M.A.I. real property appraiser selected by the <br /> Parties,whose fee shall be paid equally by the Parties. <br /> -28- 1091374.7 <br />