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City of San Leandro CIA No. D43CIASAL0001 Page 10 of 11 7. DISPUTES A. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS Chief Environmental Engineer and the executive officer of AGENCY will attempt to negotiate a resolution. B. If PARTIES do not reach a resolution, AGENCY’s legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs. C. Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the PROJECT in accordance with the terms of this AGREEMENT. However, if either PARTY stops fulfilling PROJECT obligations, the other PARTY may seek equitable relief to ensure that the PROJECT continues. D. Except for equitable relief, no PARTY may file a civil complaint until after mediation, or 45 calendar days after filing the written mediation request, whichever occurs first. E. PARTIES will file any civil complaints in the Superior Court of Alameda county. The prevailing PARTY will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result of litigating a dispute under this AGREEMENT or to enforce the provisions of this article including equitable relief. F. Additional Dispute Remedies. PARTIES maintain the ability to unanimously pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 8. RELATIONSHIP OF PARTIES It is expressly understood that this AGREEMENT is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 9. NOTIFICATION OF PARTIES A. AGENCY: Mark Goralka, Associate Engineer, mgoralka@sanleandro.org, (510) 577-3329. B. CALTRANS: Ken Johansson, Statewide Stormwater Program Manager, ken.johansson@dot.ca.gov, (916) 956-8170. C. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses: City of San Leandro Mark Goralka 835 East 14th Street, San Leandro, CA 94577 California Department of Transportation Division of Environmental Analysis - MS 27, Ken Johansson 1120 N Street, Sacramento, CA 95814-5680