Agmt 2001 Alameda County Congestion Management Agency ACCMA (2)

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and documents relating to such matters, furnishing employees to assist in the investigation, defense and resolution of such matters and providing legal and business assistance with respect to such matters. ARTICLE VI MISCELLANEOUS AGREEMENTS OF THE PARTIES 6.1 Notices. All communications provided for hereunder shall be in writing and shall be deemed to be given when delivered in person or by private courier with receipt, when telefaxed and received, or seven days after being deposited in the United States mail, first - class, registered or certified, return receipt requested, with postage paid to the addresses listed in Schedule 6.1 attached hereto and incorporated by reference herein, or to such other address as any such Party may subsequently designate by written notice to the other Party. 6.2 Resolution of Disputes. 6.2.1 The Parties will attempt in good faith to negotiate the resolution of any dispute, Claim or controversy arising out of, or relating to this Agreement. Any Party may initiate negotiations by providing written notice to the CMA, setting forth the subject' of the dispute and the relief requested. The CMA shall within ten (10) days notify each affected Participating Agency and provide each with a written statement of the CMA's position and _recommended solution to the dispute. If the dispute is not promptly resolved, representatives of each affected Party with full settlement authority will meet at a mutually agreeable time and place within ten (10) days of the date of CMA's written statement in order to exchange relevant information and perspectives, and to attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the parties shall request MTC, or its successor, to facilitate their negotiation unless the MTC is a participant, or has a material interest in the outcome of the dispute in which case the matter shall be submitted to JAMS for mediation. • Smart OM - Version 2 -13-