Agmt06 Digital Payment Techologies

Browse Search

27. ALTERNATIVE DISPUTE RESOLUTION a. The parties agree that litigation is expensive and rarely leads to a fair and equitable result. Therefore, if any controversy, claim, dispute or disagreement arises between the Company and the City due to any issues stemming from this Agreement or its breach, the parties agree to make a good faith attempt to resolve any issues through mediation. The controversy, claim, dispute or disagreement shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party. b. The parties will attempt to agree to a mutually acceptable independent mediator who will mediate the issues in question. If the parties are unable to agree on a mediator, the matter will be submitted to one of several third party sources, such as the American Arbitration Association, who will assign a neutral mediator to resolve the issues. c. Each party will share equally in the costs of the mediation. Each party will bear their own costs, including attorneys' fees and costs, notwithstanding any recommendation of the mediator. The parties agree to have the mediation conducted in the City of Redwood City, California at a time and place agreeable to both parties. The mediation will be conducted according to Section 1280 et. seq. of the California Code of Civil Procedure. d. Mediation under this section is a condition precedent to filing an action in any court. e. In the event that mediation fails to resolve any or all of the issue in question, either party may proceed with litigation in the Superior Court of the County of San Mateo. The prevailing party will be entitled to reasonable attorneys' fees and costs, including those incurred in any appeals or writs. 28. MISCELLANEOUS. a. Entire Agreement. This Agreement and the Contract Documents, including all Exhibits, and Attachments, all of which are hereby incorporated herein by reference, constitute the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Agreement supersedes all prior agreements, negotiations, representations and proposals, written or oral. b. Amendment. No amendment or change to this Agreement shall be valid unless in writing and signed by both parties to this Agreement. c. Governing Law and Jurisdiction. The parties acknowledge that this Agreement is made and entered into in Redwood City, California, and will be performed in Redwood City, California. The parties further acknowledge and agree that California law shall govern all the rights, obligations, duties and liabilities of the parties under this Agreement, and that California law shall govern the interpretation and enforcement of this Agreement and any other matters relating to this Agreement (all without regard to California conflicts of law principles).