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<br />6.1L <br />Page 6 <br /> <br />costs, attorneys' fees and liability arising out of or resulting from either (i) RCSD's breach <br />of its obligations Wlder this contract or (ii) the negligence or willful misconduct of the <br />RCSD or its officers, employees or agents. <br /> <br />9. DISPUTE RESOLUTION <br /> <br />Should any dispute arise out of this Agreement, the Parties should meet in mediation and <br />attempt to reach a resolution with the assistance of a mutually acceptable mediator. The <br />costs of the mediator, if any, shall be shared by the CONTRACTOR and RCSn. If a <br />mediated settlement is reached, neither party shall be the prevailing party for the purposes <br />of this settlement. Neither party shall be pennitted to file legal action without first <br />meeting in mediation and maintaining a good faith attempt to reach a mediated <br />resolution. <br /> <br />10. TERMINATION <br /> <br />RCSD may at any time terminate this Agreement upon written notice to <br />CONTRACTOR. RCSD shall compensate CONTRACTOR for services satisfactorily <br />provided through the date of termination. In addition, RCSD may tenninate this <br />agreement for cause should CONTRACTOR fail to perfonn any part of this Agreement. <br />In the event of termination for cause, RCSD may secure the required services from <br />another contractor. <br /> <br />11. NOTICES <br /> <br />The name of the persons who are authorized to give written notices or to receive written <br />notice on behalf of CONTRACTOR and on behalf of RCSD Wlder this Agreement are as <br />follows: <br /> <br />For CONTRACTOR: <br />City of Redwood City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />(650) 78Q..7300 <br />Attn: City Manager <br /> <br />For RCSD: <br />Redwood City School District <br />750 Bradford Street <br />Redwood City, CA 94063 <br />(650) 423-2200 <br />Attn: District Superintendent <br /> <br />12. COMPENSATION <br /> <br />The CONTRACTOR agrees to perform all the services of this agreement at a rate not to <br />exceed $757,816. <br /> <br />A TI'Y/AGRI2007 ,025 <br />061307 <br />