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that request on the other Party. The Parties may agree on one mediator. If they cannot agree on one <br />mediator within a reasonable time, the Party demanding mediation shall request the Superior Court <br />of San Mateo County to appoint a mediator. The mediation meeting shall not exceed one day (eight <br />(8) hours). The Parties may agree to exceed the time allowed for mediation under the Agreement. <br />The cost of mediation shall be borne by the Parties equally. Mediation under this section is a <br />condition precedent to filing an action in any court. In the event mediation or litigation arises out of <br />any dispute related to the Agreement, as may be amended, the Parties shall each pay their respective <br />attorneys fees, expert witness costs and cost of suit, regardless of the outcome of the litigation. <br />3. Any action at law or in equity brought by either of the Parties for this purpose of enforcing a right or <br />rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County <br />of San Mateo, State of California, and the Parties waive all provisions of law providing for a change <br />of venue in these proceedings to any other county. <br />4. This Agreement, together with any other written document referred to or contemplated by it, along <br />with the purchase order for this Agreement and its provisions, embody the entire Agreement and <br />understanding between the Parties relating to the subject matter of it. In case of conflict, the terms of <br />the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may <br />be amended, modified, waived or discharged except in writing signed by both parties. <br />Agreement RWC_CCPC_l6-17 Page 4 of 5 7/1/16-6/30/17 <br />