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DocuSign Envelope ID: 895D2A90-533F-4A74-8650-530137EA9E81 <br />ABAG/City Innovate <br />PROVIDER Bench Management Software <br />Page 15 <br /> <br /> <br />C. Other Remedies. If a dispute is not resolved through discussion or the parties do <br />not agree to alternative dispute resolution, either party may pursue available legal remedies in a <br />California State or Federal court of competent jurisdiction. PROVIDER must file a government <br />claim pursuant to Government Code section 910 et seq. in order to initiate a civil action. <br />D. Pending Resolution. PROVIDER shall continue to work during the dispute <br />resolution process in a diligent and timely manner as directed by ABAG, and shall be governed <br />by all applicable provisions of the Agreement. <br />E. Cost of Alternative Dispute Resolution Proceedings. Each party shall bear the <br />costs and expenses incurred by it in connection with such alternative dispute resolution <br />processes. The cost of any mediator or independent decision maker shall be shared equally <br />between the parties. <br />F. Survival of this Article. This Article shall survive completion or termination of <br />this Agreement, but under no circumstances shall either party call for an alternative dispute <br />resolution of any claim or dispute arising out of this Agreement after such period of time as <br />would normally bar the initiation of legal proceeding to litigate such claim or dispute under the <br />laws of the State of California. <br /> <br />25. CHOICE OF LAW <br />All questions pertaining to the validity and interpretation of the Agreement shall be <br />determined in accordance with the laws of the State of California applicable to agreements made <br />and to be performed within the State. <br />26. ATTORNEYS' FEES <br />If any legal proceeding should be instituted by either of the parties to enforce the terms of <br />this Agreement or to determine the rights of the parties under this Agreement, the prevailing <br />party in said proceeding shall recover reasonable attorneys' fees, in addition to all court costs. <br />27. PARTIAL INVALIDITY <br />If any term or condition of this Agreement is found to be illegal or unenforceable, such <br />term or condition shall be deemed stricken and the remaining terms and conditions shall remain <br />valid and in full force and effect. <br />28. BENEFIT OF AGREEMENT <br />The Agreement shall bind and benefit the parties hereto and their heirs, successors, and <br />permitted assigns. <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575