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D. Mediation: Prior to filing litigation, the parties may first endeavor to resolve any disputes or claims between them through direct negotiations, and if such direct negotiations fail, by non-binding mediation, with the site of the mediation being held in Portsmouth, Virginia. Within sixty (60) days of receipt of a written notice requesting mediation, Developer and the City shall attend a formal mediation conducted by a single, impartial mediator employed by The McCammon Group or its successor entity. If the parties cannot agree on a mediator, they shall request that The McCammon Group identify a list of five (5) available mediators with experience in construction dispute resolution. The Developer and City shall then each eliminate two (2) potential mediators from the list and thereby agree to conduct the mediation with the remaining mediator. The Parties shall share equally in the fees and costs of the mediator and each Party shall bear its own costs involved in participating in the mediation, including their attorneys' fees. If either Party opts to mediate, the City and Developer shall participate in the mediation process in good faith. The process shall be concluded within ninety (90) days of filing of the notice requesting mediation. Should the dispute or claim remain unresolved following mediation or should the time limit for filing litigation set forth in this Agreement occur during the course of mediation, either party may proceed to file litigation in order to preserve its rights, but mediation shall not extend the time period set forth to file litigation. E. ln'uJ�nct_ive Relief Nothing in this Agreement shall prevent a party from seeking temporary injunctive or other temporary equitable relief in the Circuit Court of the City of Portsmouth, Virginia if circumstances so warrant. 13. ANNUAL APPROPRIATION Except for funds already appropriated for the Project, the financial obligations of the City contained in this Agreement are subject to annual appropriation by the City Council. 14. FILING WITH AUDITOR OF PUBLIC ACCOUNTS Within thirty (30) days after the date of this Agreement, the City shall submit a copy of this Agreement to the Auditor of Public Accounts, to the extent required by § 56.575.9(F) or § 56-575.18 of the Code of Virginia. 15. FINANCIAL S Developer agrees to provide the City with copies of complete and current financial statements for (a) Developer and (b) RHC upon request of City. The financial statements provided need not be audited, but if Developer or RHC does have the financial statements audited, it shall supplement its initial submission of an unaudited financial statement for the year concerned with copies of audited statements within thirty (30) days after they become available. Developer and RHC hereby designate such financial statements as confidential proprietary information exempt from release under the Virginia Freedom of Information Act and/or the Virginia Public Procurement Act ("public records laws"), subject to and conditioned upon Developer's and RHC's invocation of the applicable exemption(s) and compliance with the procedural requirements associated therewith. The City Attorney of the City of Portsmouth, in his sole discretion, shall determine whether any record submitted under this provision fails to 10