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<br />6.18 <br />Page 5 of 12 <br /> <br />This Agreement may be amended or modified only by written agreement signed by <br /> <br />both Parties. <br /> <br />9. Validitv. <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 />10. Governina Law/Litiaation. <br />This Agreement shall be governed by the laws of the State of California and any suit <br />or action initiated by either Party shall be brought in the County of San Mateo, California. In the <br />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 />11. Mediation. <br /> <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 />equally by the Parties. If a mediated settlement is reached, neither Party shall be deemed the <br />prevailing party for purposes of the settlement, and each Party shall bear its own legal costs. <br />12. Entire Aareement. <br />This Agreement, including Exhibit A, comprises the entire Agreement. <br />13. Indemnitv. <br />RWC shall defend, indemnify and hold EPA and its officers and employees harmless <br />from any and all claims and liabilities related to or as a result of RWC's performance of this <br />Agreement, to the extent they are caused by RWC's negligent acts, or willful wrongful acts. <br />14. Insurance. <br /> <br />RWC shall not commence work under this Agreement until all insurance required <br /> <br />A TTY IAGR/2008.042 <br />061008 <br /> <br />3 <br />