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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />COOPERATIVE AGREEMENT NO. C -5 -3583 <br />Orange County, California shall be the venue for any action or proceeding that may be brought in <br />connection with this Agreement. <br />L. Dispute Resolution: Disputes arising out of this Agreement shall be resolved at the <br />lowest possible level. If a dispute cannot be resolved, it shall be elevated promptly to the next <br />resolution level. The three levels of dispute resolution shall be: both Parties' Project Manager level <br />(lowest), Executive Director level (middle), and Chief Executive Officer /City Manager level (highest). <br />If the dispute has not been resolved within sixty (60) days of referral to the highest level above, either <br />Party shall not be precluded from initiating litigation upon fourteen (14) days written notice to the other <br />Party; provided however, that if one Party has requested the other to participate in the informal process <br />listed above, at any level, and the other Party has unreasonably failed to participate, the requesting <br />Party may initiate litigation upon fourteen (14) days written notice. <br />M. Litigation fees: Should litigation arise out of this Agreement for the performance <br />thereof, each Party shall be responsible for its own costs and expenses, including attorney's fees. <br />I N. -- Notices: Any notices, requests, or demands made between the Parties pursuant to this _. <br />Agreement are to be directed as follows: <br />To CITY: <br />To AUTHORITY: <br />City of Santa Ana <br />Orange County Transportation Authority <br />20 Civic Center Plaza <br />550 South Main Street <br />P.O. Box 1988 <br />P.O. Box 14184 <br />Santa Ana, CA 92701 <br />Orange, CA 92863 -1584 <br />ATTENTION: <br />ATTENTION: <br />Jason Gabriel <br />Lydia Bilynsky <br />Principal Civil Engineer <br />Section Manager III, Capital Projects <br />Tel: (714) 647 -5664 <br />Tel: (714) 560 -5568 <br />-E-Mail: jgabriel @santa - ana.org <br />E -Mail: LBilynsky @octa.net <br />Page 10 of 13 <br />L: \Camm\ CLERICAL \WORDPROC\AGREE WG53582 TELL 4 404.27.docx <br />