Agmt15 Bay Area Employee Relations Service

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CITY: City of Foster City 610 Foster City Boulevard Foster City, CA 94404-2299 Attention: HR Director CLIENT: City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Attention: HR Director 13. Non -Assignment. This Agreement is not assignable either in whole or in part. 14. Amendments. This Agreement may be amended or modified only by written agreement signed by both Parties. 15. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 16. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the Parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney's fees and expenses of litigation of the successful party. 17. Mediation. Should any dispute arise out of this Agreement, the Parties shall first meet in mediation within the first 60 days and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting at least once in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the Parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement, and each party shall bear its own legal costs. 18. Entire Agreement. This Agreement, including its Appendix A and Appendix B, comprises the entire Agreement between the PARTIES. ATTY/AGR/2016.315/CITY OF FOSTER CITY —ESTERO MUNICIPAL IMPROVEMENT DISTRICT REV: 11-08-16 RL Page 5 of 9