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9 <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 designee,and the City's Director of <br /> Public Works, or his designee, shall meet together to discuss the substance of the issue(s) in <br /> dispute. If the parties are unsuccessful in resolving the disputed issue(s) as this subsequent <br /> meeting, the parties agree to engage the services of a mediator who is mutually acceptable and <br /> participate in mediation within twenty (20) days of the subsequent meeting or as soon thereafter <br /> as the mediator may be available or at such later date as the parties may agree. In the event that <br /> mediation fails to resolve the issue(s)in dispute,each party shall be free to seek such other recourse <br /> as may be available. Provided,however,that the sole venue and jurisdiction for dispute resolution <br /> shall be in the Snohomish County Superior Court, in Everett,WA. <br /> Executed as of the date hereinabove set forth. <br /> GRANTOR PORT OF EVERETT <br /> By. I <br /> Lisa Lefeber <br /> Title: Acting CEO/Executive Director <br /> GRAN l'EE CITY OF EVERETT <br /> By: <br /> Cassie Franklin <br /> Title: Mayor <br /> Attest: <br /> City Clerk <br /> -8- <br /> 69 <br />