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<br />upon seven days' written notice in the event of substantial failure by the Client to perform in <br /> <br />accordance with the terms hereof through no fault of the Consultant. <br /> <br />10. Governing Law - This Agreement shall be deemed to have been made <br /> <br />under, and shall be construed and interpreted in accordance with the laws of the State of Texas. <br /> <br />The venue of any suit for enforcement or construction of this contract shall be in Harris County, <br /> <br />Texas. <br /> <br />11. Dispute Resolution - The parties will attempt in good faith to resolve <br /> <br />any controversy or claim arising out of or relating to this agreement promptly by negotiation <br /> <br />between senior executives of the parties who have authority to settle the controversy. <br /> <br />The disputing party shall give the other party written notice of the dispute. Within ten days after <br /> <br />receipt of said notice, the receiving party shall submit to the other a written response. The notice <br /> <br />and response shall include (a) a statement of each party's position and a summary of the evidence <br /> <br />and arguments supporting its position, and (b) the name and title of the executive who will <br /> <br />represent that party. The executive shall meet at a mutually acceptable time and place within <br /> <br />twenty days of the date of the disputing party's notice and thereafter as often as they reasonably <br /> <br />deem necessary to exchange relevant information and to attempt to resolve the dispute. <br /> <br />If the controversy or claim has not been resolved within thirty days of the meeting of the senior <br /> <br />executives, the parties shall endeavor to settle the dispute by mediation under the Construction <br /> <br />Industry Mediation Rules of the American Arbitration Association. <br /> <br />If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety <br /> <br />-lV- <br />