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-1 27. GENERAL PROVISIONS. ' A. No remedy or election under this Site Lease Agreement shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. .f B. Title to the leasehold estate created by this Site Lease Agreement is subject to all exceptions, easements, rights, rights-of-way, and other matters of record on the date of approval by the County Board of Supervisors. C. Nothing in this Site Lease Agreement shall be construed to render Lessor in any way or for any purpose a partner, joint venture or associate in any relationship with Lessee other than that of landlord and tenant, nor shall this Site Lease Agreement be construed to authorize either Party to act as agent for the other. e ' D. Following execution of this Site Lease Agreement, either party, at its sole expense, shall be entitled to record a Memorandum of Lease with the 7 San Joaquin County Recorder's Office. Upon termination or expiration of this Site �T Lease Agreement, Lessee shall execute and record a Termination of Lease Memorandum to release any and all leasehold interest and provide a copy of the filing r- to the Lessor within ten (10) business days of said termination or expiration. 28. DISPUTE RESOLUTION. A. The Parties agree that they shall pursue non-binding mediation prior to commencing any civil action with respect to any dispute, claim or controversy arising out of or relating to this Site Lease Agreement. The Parties will cooperate with one another in selecting a mediator and in scheduling the mediation proceedings; said mediation is to take place in San Joaquin County, California. B. Either Party may commence mediation by providing to the other - - Party a written Notice of Mediation, setting forth the subject of the dispute and the relief requested. Each Party agrees to participate in at least eight (8) hours of mediation before resorting to litigation. C_ The Parties shall agree on one mediator. The costs of the mediator shall be borne by the Parties equally. However, all other costs, fees, ._+ expenses and any attorney's fees related to such mediation activities are to be paid by the Party having incurred such fees, costs, and expenses. I^ D. Either Party may seek injunctive relief prior to or during the mediation to preserve the status quo pending the completion of that process. Except for an action to obtain such injunctive relief, neither Party may commence arbitration nor a civil action with respect to the matters submitted to mediation until after the completion of the first mediation session, or forty-five (45) days after the date of filing r- the written request for mediation, whichever occurs first. Site Lease Agreement 12 LFG to Energy Foothill Sanitary Landfill SW -106035-R7 II