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warrant and defend the title to the Access Easement and the quiet use thereof against the lawful <br />claims and demands of all other persons whomsoever. <br />8. The rights and obligations of the Grantor and City shall inure to the benefit of and <br />be binding upon their respective heirs, successors and assigns. <br />9. In the event that a dispute under this Agreement arises between the parties, both <br />parties agree to work diligently and expeditiously to resolve that dispute If a dispute arises, at the <br />request of one party, both parties shall meet, within three (3) days to discuss the substance of the <br />issue(s) in dispute In the event that the parties are unsuccessful in resolving the dispute(s) at the <br />initial meeting, within three (3) days thereafter, the Grantor's Director of Engineering, or his <br />designee, and the City's Director of Public Works, or his designee, shall meet to discuss the <br />substance of the issue(s) in dispute If the parties are unsuccessful in resolving the disputed issue(s) <br />as this subsequent meeting, the parties agree to engage the services of a mediator who is mutually <br />acceptable and participate in mediation within twenty (20) days of the subsequent meeting or as <br />soon thereafter as the mediator may be available or at such later date as the parties may agree. In <br />the event that mediation fails to resolve the issue(s) in dispute, each party shall be free to seek such <br />other recourse as may be available. <br />Executed as of the date hereinabove set forth. <br />[Signature page follows.] <br />109715622.3 0073013-00042 <br />