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6. 1. B. - Page 4 <br />3. In case of any one or more of the provisions contained herein snau, for <br />any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the <br />validity of the provisions which shall remain in full force and effect. <br />4. Any controversies between Redwood City and East Palo Alto regarding <br />the construction or application of the agreement, as may be amended, and claims <br />arising out of the Agreement, as may be amended, or its breach, shall be submitted to <br />mediation within thirty (30) days of the written request of one Party after service of that <br />request on the other Party. The Parties may agree on one mediator. If they cannot <br />agree on one mediator within a reasonable time, the Party demanding mediation shall <br />request the Superior Court of San Mateo County to appoint a mediator. The mediation <br />meeting shall not exceed one day (eight (8) hours). The Parties may agree to exceed <br />the time allowed for mediation under the Agreement. The cost of mediation shall be <br />borne by the Parties equally. Mediation under this section is a condition precedent to <br />filing an action in any court. In the event mediation or litigation arises out of any dispute <br />related to the Agreement, as may be amended, the Parties shall each pay their <br />respective attorneys fees, expert witness costs and cost of suit, regardless of the <br />outcome of the litigation. <br />b. The Agreement and this Amendment No. 1 embody the entire Agreement <br />between the Parties and all of its terms and conditions. No verbal agreements shall <br />affect or modify any of the terms of obligations contained in any documents comprising <br />this Agreement. Any such verbal agreement shall be considered as unofficial <br />information and in no way binding upon either of the Parties. <br />E <br />