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proceed with resolution of the dispute through judicial intervention, this agreement to submit disputes to mediation will not be used against any party in the judicial forum. 20. Any claims, causes of action, disputes, or controversies arising out of or relating to this Agreement that cannot be resolved through mediation shall be litigated exclusively in the Supreme Court of the State of New York, County of Erie. The parties hereby consent to the personal jurisdiction of such court and waive any objections based on improper venue or forum non conveniens. 21. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. 22. If any provision of this Agreement is found to be invalid or unenforceable, the scope of such provision shall be reduced to the extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. 23. This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, agreements, or understandings of any kind. Any amendment or modification of, or waiver under, this Agreement shall be in writing and acknowledged by the Parties. 24. No failure or delay by a Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other (or further) exercise thereof. 25. When several counterparts of this Agreement have been executed, all counterparts shall constitute one and the same instrument. DULY ADOPTED, this 14th day of May, 2026 by the following vote: Becker, aye, Hochadel, aye, Krist, absent, Kittleson, aye, Gambino, aye. So resolved, 4 ayes, 0 noes, 1 absent. Supervisor Gambino stated that the next item is a resolution to approve issuing an RFP for Engineering Services to work on the Town’s behalf in regards to the Battery Energy Storage Project. On a motion by Hochadel, seconded by Kittleson, the following resolution to be known as Resolution #10 of 2026 was moved for adoption. Resolution #10 TOWN OF SARDINIA RESOLUTION TO ISSUE REQUEST FOR PROPOSALS FOR ENGINEERING SERIVCES REGARDING SARDINIA EAST, LLC BATTERY STORAGE ENERGY SYSTEM APPLICATION WHEREAS, the Town Board of the Town of Sardinia met at a regular board meeting at the Town Hall located at 12320 Savage Road in the Town of Sardinia, New York on the 14th day of May, 2026, commencing at 6:30 P.M., and WHEREAS, all Board Members, having due notice of said meeting, and that pursuant to Article 7, §104 of the Public Officers Law, said meeting was open to the general public and due and proper notice of the time and place whereof was given as required by law; and WHEREAS, the Town of Sardinia received an application for a new battery storage project from Sardina East, LLC c/o Nexamp Solar to be located at VL Genesee Road, Sardina, New York, parcel identified as Tax ID No. 309.00-2-3; and WHEREAS, recognizing the complexity that comes with the review of such applications, the Town feels it is necessary to engage the services of an engineer familiar with the technical language of battery storage siting regulations who will be able to advise the Town on compliance of this application with the Town’s regulations; and WHEREAS, per Section 115-63(F)(2)(h) (“Application Fees”) of the Town Code of The Town of Sardinia, the Town shall require the applicant to enter into an escrow agreement in order to cover all engineering costs required to review such application; and WHEREAS, the Town specifically desires for such engineer to review application materials, with comments to be provided on such application materials, to teleconference and video-conference as needed with the Town and the Town’s specialists to discuss the application and specific regulations, and to attend Town Board and / or Planning Board meetings as necessary to discuss the law with the Board and with residents in the case of a public hearing; and WHEREAS, the Town of Sardinia now desires to enlist the services of an appropriately qualified engineer to assist with the review of the aforementioned application; and