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In the event that the performance of the Scope of Services by <br />CONTRACTOR is delayed beyond its control, CONTRACTOR shall notify <br />COUNTY of such delay and the reasons therefore, and COUNTY shall <br />not unreasonably refuse to extend the time of performance <br />appropriately. <br />11. Dispute Resolution. The parties will attempt in good faith to <br />resolve any controversy or claim arising out of or relating to <br />this agreement promptly by negotiation between senior executives <br />of the parties who have authority to settle the controversy. <br />The disputing party shall give the other party written notice of <br />the dispute. Within ten days after receipt of said notice, the <br />receiving party shall submit to the other a written response. The <br />notice and response shall include: <br />(a) a statement of each party's position and a summary of <br />the evidence and arguments supporting its position, and <br />(b) the name and title of the executive who will represent <br />that party. <br />The executives shall meet at a mutually acceptable time and place <br />within twenty days of the date of the disputing party's notice <br />and thereafter as often as they reasonably deem necessary to <br />exchange relevant information and to attempt to resolve the <br />dispute. <br />If the controversy or claim has not been resolved within thirty <br />days of the meeting of the senior executives, the parties shall <br />endeavor to settle the dispute by mediation or pursue amicable <br />termination. <br />Notwithstanding the foregoing, if the dispute between the parties <br />is not resolved by negotiation or mediation, the parties may seek <br />and pursue any legal and/or equitable remedy available. <br />12. Changes. COUNTY or CONTRACTOR may, from time to time, request <br />modifications or changes in the Scope of Services. Such changes, <br />including any increase or decrease in the amount of CONTRACTOR'S <br />compensation, which are mutually agreed upon by and between <br />COUNTY and CONTRACTOR, shall be incorporated in written <br />amendments. <br />12. Termination of Contract. This Contract may be terminated by <br />either COUNTY or CONTRACTOR with 30 days written notice. In the <br />event of such termination, all finished or unfinished documents, <br />data, studies, surveys, drawings, maps, models, photographs, and <br />reports prepared by CONTRACTOR shall become COUNTY'S property. <br />CONTRACTOR shall be entitled to receive just and equitable <br />compensation for work accomplished prior to the termination. <br />13. Assignment. This Contract shall not be assigned or transferred <br />by either CONTRACTOR or COUNTY without the prior written consent <br />of the other. <br />3 <br />