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9 <br /> (iii) Where the default is a failure to convey property or enter into the School Lease, <br /> each party is entitled to the remedy of specific performance. <br /> 8.03 No remedy conferred or reserved in this Agreement is intended to be exclusive, but instead <br /> is intended to be cumulative. No delay or omission to exercise any right or power accruing upon <br /> any default constitutes a waiver of that right or power. A waiver of any default is limited to the <br /> default so waived and does not waive any other default. If a party incurs legal or other costs and <br /> expenses to collect any payments due under this Agreement, or to enforce the performance or <br /> observance of any obligation or covenant under this Agreement, then to the extent permitted by <br /> law each party promises to reimburse a non-defaulting party for all reasonable legal and other <br /> fees and costs incurred in any successful collection or enforcement action. <br /> 8.04 In the event of a dispute between the parties concerning the terms or performance of this <br /> Agreement, the parties will take the following steps prior to commencing any proceeding before <br /> a court or administrative body: <br /> (i) Any party noting a dispute under this Agreement will notify the other party of the <br /> nature of the dispute and the first party's proposed resolution. Within ten days after the <br /> effective date of the notice, the other party must respond in writing as to its view of the <br /> dispute and its position on the proposed resolution. <br /> (ii) After the first step and upon notice from any party, the parties will promptly hold a <br /> meeting attended by representatives with appropriate authority to resolve the dispute. At <br /> this meeting, the parties will attempt in good faith to negotiate a resolution of the dispute. <br /> (iii) If the dispute remains unsettled by negotiation, the parties will engage the services of <br /> a professional mediator agreed upon by the parties. The parties will then attempt in good <br /> faith to resolve the dispute through mediation in accordance with the North Carolina Rules <br /> For Mediated Settlement Conferences and Other Settlement Procedures in Superior Court <br /> Civil Actions. Each party will each pay one-half of the mediator's fees and expenses and <br /> each party will pay all its own legal fees and other expenses related to the mediation. Each <br /> party must be represented at the mediation by a representative with appropriate authority <br /> to resolve the matters in dispute. Only after mediation may a party initiate legal or <br /> administrative proceedings. <br /> 8.05 Each party will bear its own costs of the fees and expenses of its counsel, except to the <br /> extent specified herein, and consultants, and of the studies or surveys required under this <br /> Agreement or that it otherwise commissions or obtains for its use under this Agreement or in <br /> relation to any Project. The County may utilize bond revenues to pay for such costs incurred on <br /> its behalf to the fullest extent permitted by law. <br /> 8.06 No officer, agent, or employee of the County or the School Districts will be subject to any <br /> personal liability or accountability because of the execution of this Agreement, or any other <br /> documents related to the transactions contemplated by this Agreement. Those officers, agents or <br /> employees will be deemed to execute such documents in their official capacities only, and not in <br />