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6.1.A. - Page 8 <br /> with regard to supervision and scene management, fire administration and support, training, shared <br /> Fire Chief services, Battalion Chief services and truck services, and do not intend to create a j oint <br /> powers agency, partnership,j oint venture, or j oint enterprise of any kind. <br /> 10. No Third Party Beneficiary. This Agreement is only for the benefit of the <br /> Participating Agencies as corporate entities and shall not be construed as or deemed to operate as an <br /> agreement for the benefit of any third party or parties, and no third party or parties shall have any right <br /> of action or obtain any right to benefits or position of any kind for any reason whatsoever. <br /> 11. Notices. All notices required or permitted to be given under this Agreement <br /> shall be in writing and mailed postage prepaid by certified or registered mail to the appropriate <br /> address indicated below. <br /> To San Carlos: <br /> San Carlos City Manager <br /> 600 Elm Street <br /> San Carlos, CA 94070-1309 <br /> To Redwood City: <br /> Redwood City City Manager <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> 12. Waiver. No failure on the part of any Participating Agency party to exercise <br /> any right or remedy hereunder shall operate as a waiver of any other right or remedy that any <br /> Participating Agency may have hereunder, nor does waiver of a breach or default under this <br /> Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision <br /> of this Agreement. <br /> 13. Amendment. No modification, waiver, mutual termination, or amendment of <br /> this Agreement is effective unless made in writing and signed by all of the Participating Agencies. <br /> 14. Mediation of Disl�utes. Should any dispute arise out of this Agreement, the <br /> parties shall first meet and confer. If after fourteen days the dispute has not been resolved in a <br /> mutually satisfactory manner, the parties shall meet in mediation and attempt to reach a resolution <br /> with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal <br /> action without first meeting in mediation and making a good faith attempt to reach a mediated <br /> resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated <br /> settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement <br /> and each party shall bear its own legal costs. If a party refuses or fails to participate in mediation in <br /> ATTY/AGR/2011.049/SAN CARLOS FIRE <br /> 061611 <br />