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<br />mediation within thirty (30) days of the written request of one Party after service of that <br />request on the other Party. The Parties may agree on one mediator. If they cannot <br />agree on one mediator within a reasonable time, the Party demanding mediation shall <br />request the Superior Court of San Mateo County to appoint a mediator. The mediation <br />meeting shall not exceed one day (eight (B) hours). The Parties may agree to exceed <br />the time allowed for mediation under the Agreement. The cost of mediation shall be <br />borne by the Parties equally. Mediation under this section is a condition precedent to <br />filing an action in any court. In the event mediation or litigation arises out of any dispute <br />related to the Agreement, as may be amended, the Parties shall each pay their <br />respective attorneys fees, expert witness costs and cost of suit, regardless of the <br />outcome of the litigation. <br /> <br />5. The Agreement, Amendment No.1, and this Amendment No.2 embody the <br />entire Agreement between the Parties and all of its terms and conditions. No verbal <br />agreements shall affect or modify any of the terms of obligations contained in any <br />documents comprising this Agreement. Any such verbal agreement shall be considered <br />as unofficial information and in no way binding upon either of the Parties. <br /> <br />6. <br /> <br />All other provisions of the Agreement will remain in full force and effect. <br /> <br />CITY OF BURLINGAME <br />501 Primrose Road <br />Burling e, CA 94010 <br />~.. / ./f <br />By: ^ ¡¿, - , if <br />( 1m ~antell, City Manager <br /> <br />Title: (ffp ~ <br />Atte~ JM~ <br /> <br /> <br />CITY OF REDWOOD CITY <br />1017 Middlefield Road .7 <br />Redwo,?ø 91.." C 9406.31 j . <br /> <br />By: I / ...~ <br />Ed Everett, City Manager <br /> <br />A~ <br />~~v:'~ ~ \. t'IIr.. )~~~Io\.~CI <br />Patricia Howe, City Clerk <br /> <br />) <br /> <br />:Attyl Ag rl Amend2006 Burlingame2 <br />062106 <br /> <br />2 <br />