Agmt04 Burlingame, City of - Laserfiche WebLink

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validity of the provisions which shall remain in full force and effect. 4. Any controversies between Redwood City and Burlingame regarding the construction or application of the agreement, as may be amended, and claims arising out of the Agreement, as may be amended, or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after service of that request on the other Party. The Parties may agree on one mediator. If they cannot agree on one mediator within a reasonable time, the Party demanding mediation shall request the Superior Court of San Mateo County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to exceed the time allowed for mediation under the Agreement. The cost of mediation shall be borne by the Parties equally. Mediation under this section is a condition precedent to filing an action in any court. In the event mediation or litigation arises out of any dispute related to the Agreement, as may be amended, the Parties shall each pay their respective attorneys fees, expert witness costs and cost of suit, regardless of the outcome of the litigation. 5. The Agreement, Amendment No.1, 2, and this Amendment No.3 embody the entire Agreement between the Parties and all of its terms and conditions. No verbal agreements shall affect or modify any of the terms of obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon either of the Parties. 6. All other provisions of the Agreement will'remain in full force and effect. CITY of REDWOOD CITY, a charter city and municipal corporation of the State OfB:aliforniJl~ Ed Everett, City Manager ~ · It>. ~""''L ~,.. . Attas . Patricia Howe. City Clerk Title: By: Title: Atty/Agr/AmendIBurlingame Scope and Fees No, 3 021607 2