ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-5-3586)

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COOPERATIVE AGREEMENT NO. C -5 -3583 1 Orange County, California shall be the venue for any action or proceeding that may be brought in 2 connection with this Agreement. 3 L. Dispute Resolution: Disputes arising out of this Agreement shall be resolved at the 4 lowest possible level. If a dispute cannot be resolved, it shall be elevated promptly to the next 5 resolution level. The three levels of dispute resolution shall be: both Parties' Project Manager level 6 (lowest), Executive Director level (middle), and Chief Executive Officer /City Manager level (highest). 7 If the dispute has not been resolved within sixty (60) days of referral to the highest level above, either 8 Party shall not be precluded from initiating litigation upon fourteen (14) days written notice to the other 9 Party; provided however, that if one Party has requested the other to participate in the informal process 10 listed above, at any level, and the other Party has unreasonably failed to participate, the requesting 11 Party may initiate litigation upon fourteen (14) days written notice. 12 M. Litiqation fees: Should litigation arise out of this Agreement for the performance 13 thereof, each Party shall be responsible for its own costs and expenses, including attorney's fees. 14 N. Notices: Any notices, requests, or demands made between the Parties pursuant to this 15 Agreement are to be directed as follows: 16 To CITY: To AUTHORITY: 17 City of Santa Ana Orange County Transportation Authority 18 20 Civic Center Plaza 550 South Main Street 19 P,O. Box 1988 P.O. Box 14184 20 Santa Ana, CA 92701 Orange, CA 92863 -1584 21 ATTENTION: ATTENTION: 22 Jason Gabriel Lydia Bilynsky 23 Principal Civil Engineer Section Manager III, Capital Projects 24 Tel: (714) 647 -5664 Tel: (714) 560 -5568 25 E -Mail: jgabriel @santa- ana.org E -Mail: LBilynsky @octa.net 26 Page 10 of 13 L: tCammICLERICAL 1wORDPROCtAGREElAG63583 corrected 2016.64.27.docx