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13 Entire Agreement <br />This Agreement constitutes the entire agreement ofthe parties with respect to the subject matter <br />hereof and supersedes any prior and or written understanding on the same subject <br />14 Resolution of Disputes <br />Ifa dispute arises out of or relates to this Agreement or the breach thereof the parties shall <br />endeavor to settle the dispute through direct discussions If the dispute cannot be settled through <br />discussions the parties agree to first try in good faith to resolve the dispute by mediation before and <br />as a condition precedent to the initiation of any adjudicative action or proceeding <br />15 Excuse of Performance <br />Notwithstanding any other provision of this Agreement to the contrary any fadure by County <br />City or District to perform any duty or obligation set forth in this Agreement shall not be deemed a <br />breach of or default in the performance of this Agreement if such failure to perform is caused by fire <br />earthquake flood hurricane the elements acts of God or the pubhc enemy actions restrictions <br />limitations or interference of other governmental authorities or their agents enforcement of applicable <br />provisions of federal state or local law war invasion insurrection rebellion riots strikes or lockouts <br />or inability to perform which is beyond the reasonable control of County City or District <br />16 Default <br />a In the event of default by any paly any other party shall give written ftotice to <br />the defaulting party of the default The defaulting party shall have ninety 90 days from the date of <br />written notice to cure the default provided that if the default cannot reasonably be cured within ninety <br />90 days the defaulting party may commence to cure the default within said ninety 90 day period and <br />shall diligently pursue all necessary and appropriate action to cure the default within a reasonable time <br />thereater <br />b The parties respective remedies hereunder in the event of default shall be <br />8 <br />6.1.B. - Page 23