Agmt07 Redwood City School District - After School Program

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costs, attorneys' fees and liability arising out of or resulting from either (i) RCSD's breach of its obligations under this contract or (ii) the negligence or willful misconduct of the RCSD or its officers, employees or agents. 9. DISPUTE RESOLUTION Should any dispute arise out of this Agreement, the Parties should meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. The costs of the mediator, if any, shall be shared by the CONTRACTOR and RCSD. If a mediated settlement is reached, neither party shall be the prevailing party for the purposes of this settlement. Neither party shall be permitted to file legal action without first meeting in mediation and maintaining a good faith attempt to reach a mediated resolution. 10. TERMINATION RCSD may at any time terminate this Agreement upon written notice to CONTRACTOR. RCSD shall compensate CONTRACTOR for services satisfactorily provided through the date of termination. In addition, RCSD may terminate this agreement for cause should CONTRACTOR fail to perform any part of this Agreement. In the event of termination for cause, RCSD may secure the required services from another contractor. 11. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CONTRACTOR and on behalf of RCSD under this Agreement are as follows: For CONTRACTOR: City of Redwood City of Redwood City 10 17 Middlefield Road Redwood City, CA 94063 (650) 780-7300 Attn: City Manager For RCSD: Redwood City School District 750 Bradford Street Redwood City, CA 94063 (650) 423-2200 Attn: District Superintendent 12. COMPENSATION The CONTRACTOR agrees to perform all the services of this agreement at a rate not to exceed $757,816. A TrY I AGR/2007 .025 061307