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<br />10. Governina Law/Litiaation. <br />This Agreement shall be governed by the laws of the State of California and any suit or <br />action initiated by either Party shall be brought in the County of San Mateo, California. In the event of <br />litigation between the Parties hereto to enforce any provision of the Agreement, the unsuccessful Party <br />will pay the reasonable expenses of litigation of the successful Party. <br />11. Mediation. <br /> <br />Should any dispute arise outofthis Agreement, the Parties shall meet in mediation and <br />attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither Party <br />shall be permitted to file legal action without first meeting in mediation and making a good faith attempt <br />to reach a mediated resolution. The costs of the mediator, if any, shall be paid equaJly by the Parties. <br />If a mediated settlement is reached, neither Party shall be deemed the prevailing party for purposes of <br />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 />ECSMC shall defend, indemnify and hold RWC 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 Agreement. <br />14. Notice. All notices required by this Agreement shall be given to RWC and <br />ECSMC in writing, by first class mail, postage paid, addressed as follows: <br /> <br />RWC: <br /> <br />The City of Redwood City <br />Attention: IT Manager <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br /> <br />ECSMC: <br /> <br />EI Concilio of San Mateo County <br /> <br />IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date indicated on <br /> <br />page one (1). <br /> <br />ATTY/AGR/2008.042 <br />061008 <br /> <br />3 <br />