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<br />Redwood City Redevelopment Agency <br />DTSC Agreement No. 07-T3454 <br />Exhibit C Page 2 of 2 <br /> <br />required hereunder. As used herein, "State's records" include any audit of the <br />consultant by the State or its designated representative as authorized in this <br />Agreement. <br /> <br />9. Disputes - Except as otherwise provided in this Agreement, any dispute concerning <br />a question of fact arising under or relating to the performance of this Agreement <br />which is not disposed of by agreement shall be decided by the Project Officer, who <br />shall reduce his decision to writing in regard to the dispute and shall transmit a copy <br />thereof to the Applicant within thirty (30) days. The decision of the Project Officer <br />shall be final and conclusive, unless within thirty (30) days from the date of receipt of <br />such copy, the Applicant transmits to the State a written appeal. Said appeal shall be <br />supported with specificity. <br /> <br />In connection with any appeal proceeding under this clause, the Applicant shall be <br />afforded an opportunity to be heard before the State" Lands Commission within sixty <br />(60) days of the receipt by the State of the Applicant's written appeal and to offer <br />evidence in support of its appeal. Pending the final decision of any such dispute, the <br />Applicant shall proceed diligently with the performance of the Agreement and in <br />accordance with the written decision of the Project Officer which is the subject of the <br />Applicant's appeal including the payment of invoices to the State. <br /> <br />The procedure described herein shall not prejudice or deny the Applicant his <br />remedies at law. However, the Applicant agrees to exhaust the procedure described <br />herein before pursuing his remedies at law. All amounts paid to the State under <br />protest shall be held by the State in trust until the dispute is resolved. <br />