IV. MEDIATION
The Participants of this Surrogacy Agreement are to agree that they will mediate any claim or dispute, except those, which are mentioned below, which can arise between them out of this Surrogacy Contract or any resulting transaction through mediation before the court action is resorted.
Mediation is the name of a process, by which the Participants try to have a claim or dispute resolved by submitting it to a neutral, impartial mediator, who is authorized to resolve the disputes, but who is not empowered to impose a settlement on the Participants in any way. Mediation fees are to be divided equally among all Participants of this Surrogacy Agreement.
In case if any Participant of this Surrogacy Agreement commences an action of a court, based on a claim or dispute, to which this paragraph applies without first attempt to solve the matter of claim or dispute through mediation, than in addition to other available remedies at law or equity, in the discretion of the arbiter or judge, that Participant will not be considered as entitled to recover the attorney’s fees, even when they would be available to that Participant in any mediation or court action like this.
V. ATTORNEY’S FEES AND COSTS
In case if there is litigation required either to interpret or enforce the terms of this Surrogacy Agreement in a court of any competent jurisdiction, the prevailing Participant is to be entitled to reasonable attorney’s fees, court costs and to any other kind of relief, which the court determines said Participant is entitled.
VI. INDEPENDENT LEGAL COUNSEL
The Participants of this Surrogacy Agreement do acknowledge that they have been advised to retain and to consult with independent legal counsel as for the terms of this Surrogacy Agreement.
When sign and execute this document, the Participants represent that they have consulted with independent counsel about the terms, rights, duties, conditions, liabilities and enforceability, which arise under the contemplated by this Surrogacy Agreement conduct.
VII. INTENTIONS OF THE PARTIES
in case if there arises any claim or dispute between the Participants as for the transactions contemplated by this Surrogacy Agreement, then it is considered to be the desire of the Participants that their mutual intentions, as it is reflected in this Surrogacy Agreement, are to control the disposition of any dispute. The primary intentions of the Participants, as it is expressed in this Surrogacy Agreement, are:
1. the Surrogate Mother intends to provide a valuable service of carrying the Child / Children of the Couple of the Intended Parents to term and deliver this / these healthy Child / Children to the fullest extent that the Surrogate Mother would be capable of doing so to the Couple of the Intended Parents, which are considered to be legal, biological, well as natural parents.
2. the Couple of the Intended Parents intend to apply the service of the Surrogate Mother to let them have delivered to them a Child / Children, that is / are related to them biologically and genetically, since they are not able from the medical point of view of achieving this goal by themselves.
3. the Participants intend for the Couple of the Intend Parents to be able to make all decisions, as for the health of the Child / Children in utero as well as after the Child’s / Children’s arrival;
4. the Participants do not intend for the Surrogate Mother to get exposed to any medical risk over and above those, which are usually associated with the period of pregnancy and with the delivery process. The Participants intend that in case if there is any substantial risk of physical harm to the Surrogate Mother, she will be able to make all decisions as for her own health.
5. the Participants intend that they will be completely bound by the terms of this Surrogacy Agreement irrespectively of any changes, which may happen in the law in relation to surrogacy which may otherwise influence their rights under this Surrogacy Agreement.
VIII. WARRANTY
The Surrogate Mother and her Husband, if there is any, as well as the Couple of the Intended Parents warrant and they are to represent that they have not and will not knowingly falsified and falsity or omitted and omit any kind of material information, which has anything to do with the medical history. In addition, the Participants agree that any knowing falsification and / or omission may constitute a material breach of this Surrogacy Agreement.
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