Laserfiche WebLink
AGREEMENT 04-2614 <br />Projec 6-.3.C.- <br />3.C. - Page 35 <br />69. If any PARTNER defaults in its OBLIGATIONS, a non -defaulting PARTNER <br />will request in writing that the default be remedied within thirty (30) calendar days. If the <br />defaulting PARTNER fails to do so, the non -defaulting PARTNER may initiate dispute <br />resolution. <br />70. PARTNERS will first attempt to resolve AGREEMENT disputes at the <br />PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS district <br />director and the executive officer of CITY will attempt to negotiate a resolution. If PARTNERS <br />do not reach a resolution, PARTNERS' legal counsel will initiate mediation. PARTNERS agree <br />to participate in mediation in good faith and will share equally in its costs. <br />Neither the dispute nor the mediation process relieves PARTNERS from full and timely <br />performance of OBLIGATIONS in accordance with the terms of this AGREEMENT. However, <br />if any PARTNER stops fulfilling OBLIGATIONS, any other PARTNER may seek equitable <br />relief to ensure that OBLIGATIONS continue. <br />Except for equitable relief, no PARTNER may file a civil complaint until after mediation, or <br />forty-five (45) calendar days after filing the written mediation request, whichever occurs first. <br />PARTNERS will file any civil complaints in the Superior Court of the county in which the <br />CALTRANS district office signatory to this AGREEMENT resides or in the Superior Court of <br />the county in which the PROJECT is physically located. <br />71. PARTNERS maintain the ability to pursue alternative or additional dispute <br />remedies if a previously selected remedy does not achieve resolution. <br />72. If any provisions in this AGREEMENT are found by a court of competent <br />jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not <br />render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and <br />those provisions will be automatically severed from this AGREEMENT. <br />73. If during performance of WORK additional activities or environmental <br />documentation is necessary to keep the PROJECT in environmental compliance, PARTNERS <br />will amend this AGREEMENT to include completion of those additional tasks. <br />74. Except as otherwise provided in the AGREEMENT, PARTNERS will execute a <br />formal written amendment if there are any changes to OBLIGATIONS. <br />REV: 07-12-17 PR <br />11 of 19 <br />ATTY/AGR.2017.161/Caltrans Co -Op AGR 101/84 PS&E <br />