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4824 <br />Party, meet in mediation and attempt to reach a resolution with the assistance of a <br />4825 <br />mutually acceptable mediator. Neither Party shall be permitted to file legal action <br />4826 <br />without first meeting in mediation and making a good faith attempt to reach a mediated <br />4827 <br />resolution, provided that this limitation shall not apply to a Party if the other Party fails to <br />4828 <br />comply with this section. The costs of the mediator, if any, shall be paid equally by the <br />4829 <br />Parties. If a mediated settlement is reached, neither Party shall be deemed the <br />4830 <br />prevailing Party for purposes of the settlement and each Party shall bear its own legal <br />4831 <br />costs. The mediation shall be completed within sixty (60) days of the written request of a <br />4832 <br />Party for mediation unless both Parties agree to extend this timeframe. If litigation is filed <br />4833 <br />regarding any dispute arising under this Agreement, the action shall be filed in San <br />4834 <br />Mateo County Superior Court and the court shall award reasonable attorney's fees and <br />4835 <br />costs to the prevailing Party. To the maximum extent permitted by law, all offers, <br />4836 <br />promises, conduct and statements, whether oral or written, made in the course of the <br />4837 <br />mediation by any of the Parties, their agents, employees, experts or attorneys, or by the <br />4838 <br />mediator or any employees of the mediation service, are confidential, privileged and <br />4839 <br />inadmissible for any purpose, including impeachment, in any arbitration or other <br />4840 <br />proceeding involving the Parties, provided that evidence that is otherwise admissible or <br />4841 <br />discoverable shall not be rendered inadmissible or non -discoverable as a result of its <br />4842 <br />use in the mediation. All applicable statutes of limitation and defenses based upon the <br />4843 <br />passage of time shall be tolled until the end of the sixty (60) day period referred to <br />4844 <br />above. The Parties will take such action, if any, required to effectuate such tolling. <br />4845 <br />4846 <br />REV: 03-16-18 MI <br />Page 220 of 226 <br />ATTY/AGR.2018.054/Reoology of San Mateo <br />