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• 10.1 Continuous Service Delivery ACFD agrees that there is a public health and safety obligation to assist CITY in every effort to ensure uninterrupted and continuous service delivery in the event of a material breach, even if ACFD disagrees with the alleged determination of material breach. Accordingly,ACFD will continue to provide services under this Agreement during any dispute resolution process. Additionally,in the event the Agreement terminated for any reason,ACFD shall cooperate with CITY in its transition to a new service provider. 10.2 ACFD Station No. 8 During the term of this contract, Alameda County Fire Station No. 8 located at 1617 College Avenue in Livermore shall be utilized for non-fire suppression activities and services. The City agrees to provide fire, EMS and related requests for services to those areas identified by the ACFD/LPFD mutual and automatic aid agreement. Any alterations to this provision shall be by mutual consent. 10.3 Dispute Resolution 10.3.1 In the event that either party disputes any provision or interpretation of or performance under this Agreement or contends there has been a material breach of the Agreement, the parties shall meet to attempt to resolve the dispute. Disputes not resolved at the City Manager and Fire Chief(or his/her designee) level may be escalated by giving written notice to the other party of the need to proceed with mediation. It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible. 10.3.2 Within ten(10)business days from the effective date,pursuant to Section 15, of written notice from one party to the other indicating that a dispute is to be mediated,the parties shall mutually select one person who shall mediate the dispute. The parties should select a qualified professional with expertise in the subject matter of the dispute. If the parties are unable to mutually agree upon a mediator within fourteen(14)business days following the notice, the parties shall each designate one person as a mediator within twenty(20)business days following the notice. 10.3.3 These two designated mediators shall mutually select a third mediator (also a qualified professional with expertise in the subject of the dispute) within twenty (20) business days of the notice. The one selected mediator shall mediate the dispute. The mediation shall be completed within thirty(30) business days of the appointment of the mediator. The mediation shall be conducted in accordance with the discretion of the mediator. However, if the mediator is unable to resolve the dispute within thirty (30) business days and the parties do not agree to an extension of time, the mediator shall submit specific and written recommendations for full resolution of the dispute within ten (10) business days thereafter. The parties shall consider the written recommendations of the mediator. 10.3.4 The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or granted to either party by the mediator for good cause shown. 10