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<br />6. Key Personnel. <br />It is understood and agreed that the following City personnel will perform all <br />services under this Agreement: <br />. Chuck Smith - Project lead, lead developer <br />. Tony Gelphman - Contract Manager <br />7. Relationship of Parties. <br />It is understood that the relationship of the City to BAWSCA is that of an <br />independent contractor and all persons working for or under the direction of City are its agents or <br />employees and not agents or employees of BAWSCA. <br />8. Nonassignment. <br />This Agreement is not assignable either in whole or in part. <br />9. Amendments. <br />This Agreement may be amended or modified only by written agreement signed by <br />both Parties. <br />10. Validity. <br />The invalidity, in whole or in part, of any provisions of this Agreement shall not void <br />or affect the validity of any other provisions of this Agreement. <br />11. Governing Law/Litigation. <br />This Agreement shall be governed by the laws of the State of California and any <br />suit or action initiated by either Party shall be brought in the County of San Mateo, California. In <br />the event of litigation between the Parties hereto to enforce any provision of the Agreement, the <br />unsuccessful Party will pay the reasonable expenses of litigation of the successful Party. <br />12. Mediation. <br />Should any dispute arise out of this Agreement, the Parties shall meet in mediation <br />and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither <br />Party shall be permitted to file legal action without first meeting in mediation and making a good <br />faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid <br /> <br />3 <br />