Agmt17 San Mateo County Superintendent of Schools

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2. Any controversies between the Parties regarding construction of application of the Agreement, as may be amended, and claims arising out of the Agreement, as may be amended, or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after service of that request on the other Party. The Parties may agree on one mediator. If they cannot agree on one mediator within a reasonable time, the Party demanding mediation shall request the Superior Court of San Mateo County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to exceed the time allowed for mediation under the Agreement. The cost of mediation shall be home by the Parties equally. Mediation under this section is a condition precedent to filing an action in any court. In the event mediation or litigation arises out of any dispute related to the Agreement, as may be amended, the Parties shall each pay their respective attorneys fees, expert witness costs and cost of suit, regardless of the outcome of the litigation. 3. Any action at law or inequity brought by either of the Parties for this purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 4. This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the Parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in writing signed by both parties. V. All correspondence, notices, claims, etc. will be sent to the following persons and addresses: FOR THE Nirmala Dillman County Superintendent Coordinator, Child Care Partnership Council Of Schools: San Mateo County Office of Education 101 Twin Dolphin Drive Redwood City, CA 94065-1064 (650)802-5443 FOR THE City of Redwood City: REV: 07-03-17 PR Melissa Stevenson Diaz City Manager City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 (650)780-7300 Page 4 of 7 ATTY/AGR.2017.151/San Mateo County Office of Education