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<br />IX. <br /> <br />Amendments <br /> <br />This Agreement may be amended or modified only by written agreement signed <br />by both parties. <br /> <br />X. <br /> <br />Validity <br /> <br />The invalidity, in whole or in part, of any provision of this Agreement shall not <br />void or affect the validity of any other provision of this Agreement. <br /> <br />XI. <br /> <br />Governing LawNenue <br /> <br />The laws of the State of California shall govern this Agreement and any suit or <br />action initiated by either party shall be brought in the County of San Mateo, California. <br /> <br />XII. <br /> <br />Mediation <br /> <br />Should any dispute arise out of this Agreement, the Parties shall meet in <br />mediation and attempt to reach a resolution with the assistance of a mutually <br />acceptable mediator. The costs of the mediator, if any, shall be paid equally by the <br />Parties. If a mediated settlement is reached, neither Party shall be deemed the <br />prevailing Party for purposes of the settlement, and each Party shall bear its own legal <br />costs. Neither Party shall be permitted to file legal action without first meeting in <br />mediation and making a good faith attempt to reach a mediated resolution. <br /> <br />XIII. <br /> <br />Term of Agreement <br /> <br />This Agreement shall commence upon execution and shall continue until <br />terminated in writing by both parties. <br /> <br />XIV. <br /> <br />Attorneys' Fees <br /> <br />In the event of litigation between the parties hereto to enforce any provisions of <br />the Agreement, the unsuccessful party will pay the reasonable expenses of the <br />successful party. <br /> <br />XV. <br /> <br />Entire Agreement <br /> <br />This Agreement and its attached Exhibits comprise the entire Agreement <br />between the Parties on this subject matter. <br /> <br />XVI. <br /> <br />Notices <br /> <br />All notices required by this Agreement shall be given to San Carlos and <br />Redwood City in writing, by first class mail, postage prepaid, addressed as follows: <br /> <br />Atty/Agr/Agr.139 <br />100303 <br /> <br />4 <br />