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made at any time prior to or subsequent to this Agreement shall have any effect to modify any of the terms contained herein unless such modification or amendment is reduced to writing and executed by all parties. 11. Alternative Dispute Resolution. If a dispute arises among the parties relating to the alleged breach of this Agreement, or for declaratory relief regarding the construction or interpretation of the terms set forth herein,the parties agree to use the following procedure prior to pursuing other legal remedies. [a] A meeting shall be held promptly among the parties attended by individuals with decision-making authority who will attempt in good faith to negotiate a resolution of the dispute. [b] If within fifteen(15)days after convening a meeting,the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation utilizing a mediator who is mutually acceptable, and to bear equally the cost associated with the mediation of the dispute. [c] If the dispute among the parties is submitted to mediation, they each ag-ee to participate in good faith in the mediation process. If after engaging in the mediation for thirty(30)days, the parties are not successful in resolving the dispute,the parties may: i} agree to submit the matter to binding arbitration or to a private adjudicator,which shall not include any award of attorneys' fees or costs; or ii) initiate litigation after ten(10) days' advance written notice to the other parties. 12. Attorney's Fees and Costs. If,after following the procedures set forth in Paragraph I l.,any party determines that it is in its best interest to pursue litigation of the dispute, the party determined by a Court of competent jurisdiction to be the prevailing party shall be entitled to recover such amount as the Court may determine to be appropriate and award as reasonable attorneys' fees and costs of litigation. 13. Agreement to Run with the Land. This Agreement is intended to run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective successors,assigns,transferees, and any subsequent owner(s) of the Property(by whatever means said Property interest was acquired), as well as the shareholders,officers and directors of each of them, and each party hereto agrees that any successor-in-interest in the Property entitled to the portion of the Property affected by Contamination shall be put on notice of the existence of the 5 35275 S.Welty Road, Vemalis,CA/Site Remediation Agrecrnent/Chevron Pipelinc.Texaco liuntcrCDOC-814197