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g•i <br /> 9.7.6 Judicial Decision <br /> If neither Party demands mediation within thirty (30) days after the failure <br /> of the governing boards to reach agreement under Section 9.7.4, or if a <br /> mediator has not been selected within thirty (30) days of the demand, or if <br /> the mediator is unsuccessful in facilitating the resolution of the dispute <br /> within four (4) weeks of being selected, or in the event of a dispute <br /> described in Section 9.7.2, the Parties may resort to such other recourse as <br /> they individually may deem appropriate, including but not limited to, <br /> seeking declaratory relief, damages, rescission or injunctive or other <br /> equitable relief from a court of competent jurisdiction. Any lawsuit <br /> between the Parties will be filed and prosecuted in the Superior Court of <br /> the State of California. For purposes of venue, the Parties agree that this <br /> Agreement is made and is to be performed in San Mateo County, and that <br /> both Parties are located in San Mateo County. <br /> 9.'7.7 Attorneys' Fees <br /> Each Party will bear its own attomeys' fees and costs in all aspects of <br /> dispute resolution. <br /> 9.8 Lease and Easements <br /> Certain Project facilities to be owned by City will be located on property owned <br /> by SBSA. Both this Agreement and a lease of such property between SBSA and <br /> City dated as of August 1, 2004 are intended to be integrated and coordinated <br /> documents, and shall be so interpreted. <br /> -27- 1091374J <br />