Laserfiche WebLink
<br />expressly describing the matter disputed. The Parties shall meet and confer within thirty (30) days <br />of the date of the notice and attempt to resolve the dispute informally. If they are unable to resolve <br />the dispute by the informal meeting, the dispute shall be submitted to mediation with a mediator <br />selected by agreement of the Parties or by striking names from a list of mediators provided by the <br />San Francisco, California, Office of the American Arbitration Association. Costs of mediation shall <br />be divided equally. If the dispute is not resolved by mediation, the parties may pursue such legal <br />or equitable remedies as they may choose. <br />34. The performance of the Parties' obligations and duties hereunder shall be excused by <br />reason, and for the duration, of Force Majeure. "Force Majeure" as used herein means fire, flood, <br />earthquake, or other natural calamity, governmental action or inaction not caused by the party <br />claiming excuse of performance, labor strike, except for strikes by employees of a party hereto, <br />civil unrest, acts of terrorism, or other cause beyond the control of the party claiming excuse of <br />performance. Upon the cessation of the Force Majeure, the party whose performance was <br />excused thereby shall commence and diligently pursue to completion the obligation or duty <br />excused. <br />35. This Agreement shall be binding upon and inure to the benefit of the respective <br />successors and assigns of the Parties hereto. <br />36. SBSA hereby reserves all rights to compensation and any and all other rights and <br />remedies that may accrue to SBSA if the Project is not constructed within the existing alignment <br />of the Perimeter Levee as contemplated by this Agreement, including, without limitation, rights to <br />compensation for inverse condemnation, eminent domain, injunctive or other equitable relief or <br />legal remedy. <br />37. The Term of this Agreement is two (2) years from the date first hereinabove written; <br />provided, that if the Segment III Project has not been accepted by SBSA before the expiration of <br />the aforesaid Term, the Term shall be extended to and including the date that SBSA has <br />assigned all right, title, and interest in said Project to City pursuant to paragraph 24 hereof; <br />provided, further, that the Term shall be extended to include any period during which performance <br />is excused by Force Majeure pursuant to paragraph 34 hereof. The provisions of Paragraphs 27, <br />28, 29 and 34 shall survive the expiration of the Term. <br />38. This Agreement shall be executed in duplicate original counterparts, each of which <br />shall be deemed an original and collectively one and the same agreement. <br /> <br />(Signature page fOllows) <br /> <br />7 <br /> <br />RC/$BSALevee$eg IIIAgmnt050708r <br />