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<br /> 5.1C <br /> Page 3 <br />mediation within thirty (30) days of the written request of one Party after service of that <br />request on the other Party. The Parties may agree on one mediator. If they cannot <br />agree on one mediator within a reasonable time, the Party demanding mediation shall <br />request the Superior Court of San Mateo County to appoint a mediator. The mediation <br />meeting shall not exceed one day (eight (8) hours). The Parties may agree to exceed <br />the time allowed for mediation under the Agreement. The cost of mediation shall be <br />borne by the Parties equally. Mediation under this section is a condition precedent to <br />filing an action in any court. In the event mediation or litigation arises out of any dispute <br />related to the Agreement, as may be amended, the Parties shall each pay their <br />respective attorneys fees, expert witness costs and cost of suit, regardless of the <br />outcome of the litigation. <br /> 5. The Agreement, Amendment No.1, and this Amendment No. 2 embody <br />the entire Agreement between the Parties and all of its terms and conditions. No verbal <br />agreements shall affect or modify any of the terms of obligations contained in any <br />documents comprising this Agreement. Any such verbal agreement shall be considered <br />as unofficial information and in no way binding upon either of the Parties. <br /> 6. All other provisions of the Agreement will remain in full force and effect. <br />CITY OF BURLINGAME <br />610 Foster City Boulevard CITY OF REDWOOD CITY <br />Foster City, CA 94404 1017 Middlefield Road <br /> Redwood City, CA 94063 <br />By: <br /> Jim Nantell, City Manager By: <br /> Ed Everett, City Manager <br />Title: <br /> Attest: <br />Attest: <br /> Patricia Howe, City Clerk <br />:Atty/AtJr/Amend2006Burlingame2 <br />062106 2 <br /> "~""'. "..,~_".._...",,,._.."" ,..^,".',' ..."^.".,..<."",..........,___,,,.....'_~,.,_~'_...h_.,~_...'"_.~"....._,""..."'...,......_~.__.~,.._.._~"...~_~___...." <br />