Laserfiche WebLink
6.1.C. - Page 8 <br /> Superior Court of the County of San Matea If counsel are unable to select a judge pro tem, the <br /> judge will be selected by the Presiding Judge from the list provided. <br /> a. Each party shall pay its pro rata share of the fee for the judge pro tem. <br /> Each party shall bear its own fees and expenses in such proceedings and the prevailing party <br /> shall not be entitled to reimbursement from the losing party for any such fees or expenses. <br /> b. The judge pro tem shall have the authority to try and decide any or all of <br /> the issues in the claim, controversy, action or proceeding, whether of fact or of law, and to report <br /> a statement of decision thereon. In any proceedings before the judge pro tem, the issues are to be <br /> determined under the statutory and decisional law of the State of California. All local and <br /> California Rules of Court shall be applicable to any proceeding before the judge pro tem. All <br /> proceedings shall be conducted on consecutive dates without postponement or adjournments. <br /> 11. Notices. All notices, payments, requests, demands and other <br /> communications to be made or given under this Agreement shall be in writing and shall be <br /> deemed to have been duly given on the date of service if served personally or on the second day <br /> after mailing if mailed to the party to whom notice is to be given by first class mail, registered or <br /> certified,postage prepaid and properly addressed as follows: <br /> CITY: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> Attn: Community Development Director <br /> JPB: Peninsula Corridor Joint Powers Board <br /> 1250 San Carlos Avenue <br /> San Carlos, CA 94070 <br /> Attn: Executive Director <br /> 12. Governin� Law. This Agreement shall be interpreted, construed and <br /> enforced in accordance with the laws of the State of California as applied to contracts that are <br /> made and performed entirely in California. <br /> 13. Successors. This Agreement shall be binding upon and shall inure to the <br /> benefit of the respective successors and assigns of the parties hereto. <br /> 14. No Third Partv Beneficiaries: Nothing herein shall be considered as <br /> creating any rights and/or obligations by any of the parties to this Agreement to any third parties. <br /> Specifically, none of the duties to inspect or maintain shall in any way be construed as creating <br /> or expanding any additional obligations to any third party beyond those required and established <br /> under the applicable statues, regulations, ordinances or law. <br /> 15. Amendments. This Agreement may be amended only in a writing that is <br /> executed by all the parties hereto. <br /> ATTY/AGR/2013.021/JPB RAILROAD CONSTRUCTION&MAINTENANCE AGREEMENT <br /> REV:OS-29-13 VR <br /> Page 6 of 8 <br /> 4799109.2 <br />