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<br />Party after service of that request on the other Party. The Parties may agree <br />on one mediator. If they cannot agree on one mediator within a reasonable <br />time, the Party demanding mediation shall request the Superior Court of San <br />Mateo County to appoint a mediator. The mediation meeting shall not exceed <br />one day (eight (B) hours). The Parties may agree to exceed the time allowed <br />for mediation under the Agreement. The cost of mediation shall be borne by <br />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 <br />any dispute related to the Agreement, as may be amended, the Parties shall <br />each pay their respective attorneys fees, expert witness costs and cost of <br />suit, regardless of the outcome of the litigation. <br /> <br />5. <br /> <br />The Agreement and this Amendment No.1 embody the entire Agreement <br />between the Parties and all of its terms and conditions. No verbal <br />agreements shall affect or modify any of the terms or obligations contained in <br />any documents comprising this Agreement. Any such verbal agreement shall <br />be considered as unofficial information and in no way binding upon either of <br />the Parties. <br /> <br />6. <br /> <br />All other provisions of the Agreement will remain in full force and effect. <br /> <br />CITY OF REDWOOD CITY, a charter city and <br />municipal corporation of th tate of California <br /> <br /> <br />AJIE$T: <br /> <br />'>{~.~~ ) \~~ <br />Patricia Howe, City Clerk <br /> <br />CITY OF BURLINGAME, a municipal corporation of <br />the Stat of California <br /> <br />By: <br /> <br /> <br />ATTEST: <br /> <br /> <br />F :Attyl Agrl AmendBurlingame 1 <br />082603 <br /> <br />2 <br />