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<br />(c) <br /> <br />Railroad's Risk Manager (Assistant to the <br /> <br />Executive Director) has advised City by letter that the limits, <br /> <br />form, and wording of said insurance certificate are satisfactory <br /> <br />to Railroad. <br /> <br />The City and its contractor(s) shall give ten (10) <br /> <br />working days notice to Railroad's authorized engineer before <br /> <br />commencing any work in connection with said Structure upon or <br /> <br />adjacent to Railroad's property, and shall observe Railroad's <br /> <br />rules and regulations with respect thereto. <br /> <br />All such work shall <br /> <br />be done in conformance with Railroad's Operating Systems <br /> <br />Interface, and at such times and in such manner as not to <br /> <br />interfere with or endanger the operations of Railroad. <br /> <br />12. <br /> <br />Dispute Resolution. <br /> <br />Any claim, controversy, <br /> <br />action or proceeding arising out of or relating to this Agreement <br /> <br />or to any document, instrument or exhibit executed pursuant to <br /> <br />this Agreement shall be tried within the County of San Mateo by a <br />judge pro tem appointed pursuant to Article VI, Section 21 of the <br /> <br />California Constitution and Rule 244 of the California Rules of <br /> <br />Court. <br /> <br />Said judge is to be selected by counsel for the parties <br /> <br />from a list of retired judges furnished by the presiding judge of <br /> <br />the County of San Mateo. <br /> <br />If counsel are unable to select a judge <br /> <br />pro tem said judge will be selected by the presiding judge from <br /> <br />the list provided. <br /> <br />Each party shall pay its pro rata share of the fee for <br /> <br />the judge pro tem. <br /> <br />Each party shall bear its own fees and <br /> <br />expenses in such proceedings and the prevailing party shall not <br /> <br />217831.2 <br /> <br />-17- <br /> <br />....¡-.-.. "'~"T"-' <br />