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performance under this Agreement. This provision will survive the expiration or termination of this Agreement. SECTION 8 Dispute Resolution A. General. It is the intent of the Members that before the initiation of any administrative, legal or equitable action concerning any dispute arising out of this Agreement, such dispute be subject to the dispute resolution process provided in this Section. The Members shall make good faith efforts to resolve all such disputes by negotiation or mediation as provided in this Section and at the lowest possible cost. B. Dispute Notification and Negotiation. Any Member claiming a dispute arising out of this Agreement shall notify the other Members of the nature of the dispute in writing. The Members shall first attempt to negotiate and resolve the dispute at the technical and/or administrative staff level as appropriate. If the dispute is not resolved at this level,then the General Manager of each of the relevant Members, or other chief staff persons or their designees, shall attempt to negotiate and resolve the dispute. If the Members are unable to resolve the dispute at the staff level, the governing bodies of the Members may each appoint not more than two representatives who will attempt to negotiate and resolve the dispute. If the dispute is not resolved through the negotiation process set forth in this paragraph within ten(10) weeks of the initial written notification of the dispute, any party to the dispute may request mediation as set forth below. C. Mediation. Any party to the dispute may request mediation by sending a written demand for mediation of a dispute to the other parties to the dispute. The parties shall select, by agreement, the mediator. No person shall act as a mediator who is in any way financially interested in the work or the business or political affairs of any party to the dispute. The mediator shall meet with the parties together and/or alone as needed in an attempt to facilitate the resolution of the dispute. The parties will share the cost of the mediation equally. D. Final Recourse. If a dispute is not resolved through mediation within eight (8)weeks of the written demand for mediation, a party to the dispute may resort to such other recourse deemed appropriate, including, but not limited to, seeking administrative, legal or equitable relief E. Attorneys' Fees. With the exception of the Lead Agency when performing its duties as Lead Agency, each party to a dispute shall bear its own attorneys' fees and costs in all aspects of dispute resolution. If the Lead Agency participates in any dispute resolution process in its capacity as Lead Agency with the prior approval of the Steering Committee,the Lead Agency is entitled to be reimbursed by the Members for any costs, expenses and attorneys' fees it incurs in such capacity. SECTION 9 General Amended and Restated JEPA v7.2 8 B0342001/1345905-5