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Awn%. Aakk 2. Sycamore Funding and Pleasanton agree that all costs, fees and expenses to perform the Scope of Work, up to the amount of$112,800 (which amount includes a 20% contingency) shall be paid for by Sycamore Funding and Pleasanton in the following percentages: Sycamore Funding 50% Pleasanton 50% Unless specifically authorized by Pleasanton, the total of all costs, fees and expenses for the Scope of Work shall not be exceed$112,800. If conditions are discovered during the course of work,which result in the costs, fees and expenses exceeding $112,800, Sycamore Funding shall promptly notify Pleasanton, and seek Pleasanton's approval for such increase in the costs, fees and expenses, which approval shall not be unreasonably withheld. Approved cost increases shall be paid for by Sycamore Funding and Pleasanton as set forth above. If Pleasanton does not approve of such cost increases and the parties are unable to agree on how to proceed the matter will be handled through the dispute resolution procedures set forth in paragraph 4. a. It is further understood that of Sycamore Funding's 50% share, as described above, 36.69% of such 50%will be from funds of New Cities Development Company("New Cities"), which are currently being held by Pleasanton. b. Payments by Pleasanton on behalf of itself or on behalf of New Cities will be provided to Sycamore Funding within twenty(20) business days of receipt of any billing or invoicing from Sycamore Funding for the costs associated with performance of the Scope of Work. 3. Damage, if any, to land or improvements on the Lund Ranch Property arising out of or in any way connected to,pertaining to or related to the Scope of Work, materials furnished, operations performed, services provided by Sycamore Funding and/or its subcontractors shall be repaired by Sycamore Funding and/or its subcontractors to a condition equal to that existing prior to the occurrence of damage. 4. Any claim,controversy,breach or dispute between the parties arising out of or connected to the Scope of Work or this Agreement, including,without limitation,the interpretation of any term or provision of this Agreement (individually,referred to as a "Dispute", and collectively referred to as"Disputes"), shall be subject to the procedures set forth in this section. a. Mediation: All Disputes shall be initially submitted to mediation before a mediator mutually agreed to by the parties or selected by the presiding judge of Alameda County Superior Court. No person shall serve as a mediator in any dispute in which the person has any financial or personal interest in the result of the mediation, except by the written consent of all parties. The mediator has discretion to conduct the mediation in the manner in which the Page 2 of 4