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�� 3. In case of any one or more of the provisions contained herein shall, for <br /> any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the <br /> validity of the provisions which shall remain in full force and effect. <br /> 4. Any controversies befinreen Redwood City and East Palo Alto regarding <br /> the construction or application of the agreement, as may be amended, and claims <br /> arising out of the Agreement, as may be amended, or its breach, shall be submitted to <br /> mediation within thirty (30) days of the written request of one Party after service of that <br /> request on the other Party. The Parties may agree on one mediator. If they cannot <br /> agree on one mediator within a reasonable time, the Party demanding mediation shall <br /> request the Superior Court of San Mateo County to appoint a mediator. The mediation <br /> meeting shall not exceed one day (eight (8) hours). The Parties may agree to exceed <br /> the time allowed for mediation under the Agreement. The cost of inediation shall be <br /> borne by the Parties equally. Mediation under this section is a condition precedent to <br /> filing an action in any court. In the event mediation or litigation arises out of any dispute <br /> related to the Agreement, as may be amended, the Parties shall each pay their <br /> respective attorneys fees, expert witness costs and cost of suit, regardless of the <br /> outcome of the litigation. <br /> 5. The Agreement and this Amendment No. 1 embody the entire Agreement <br /> befinreen the Parties and all of its terms and conditions. No verbal agreements shall <br /> affect or modify any of the terms of obligations contained in any documents comprising <br /> this Agreement. Any such verbal agreement shall be considered as unofficial <br /> information and in no way binding upon either of the Parties. <br /> 2 <br />