City of Lake Stevens 1/31/2020 - Laserfiche WebLink

B. Governing Law. The laws of the State of Washington, without giving effect to principles of conflict of laws, govern all matters arising out of or relating to this Agreement. C. Term of Agreement. Unless otherwise provided herein,the term of this Agreement shall commence as of the date this Agreement is fully executed. D. Duration/Expiration. This Agreement expires upon completion of the true-ups set forth in Section 1.G above. E. Amendment. No amendment to this Agreement will be effective unless in writing and signed by the Mayor of Everett and by an authorized representative of Lake Stevens. F. Termination: 1 This Agreement may be terminated if both Parties agree, in writing, to terminate the Agreement. This termination must be signed by the Mayor of Everett and by an authorized representative of Lake Stevens. 2. This Agreement shall be terminated upon (ii) completion and final inspection and acceptance of the Transmission Line Work by the Parties as set forth in Section 1.E above, and(c) completion of the true-ups set forth in Section 1.G above. 3 The termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. G. Indemnification and Waiver. Each of the Parties shall protect, defend, indemnify, and hold harmless the other Party and its employees and authorized agents, while acting within the scope of their employment as such, from any and all costs, claims,judgements, and/or awards of damages(both to persons and/or property), arising out of,or in any way resulting from,that Party's negligence or breach of obligations performed or to be performed pursuant to the provisions of this Agreement. No Party shall be required to indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party; provided that, if such claims, suits, or actions result from the concurrent negligence of(a)the Parties and their employees, contractors, consultants, or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the other Party,its employees, contractors, consultants, and authorized agents. For this purpose, each of the Parties,by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions of Title 51 RCW. H. Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as follows: The Parties agree to negotiate to resolve any issues. Should such negotiations fail to produce a satisfactory resolution the Parties shall proceed to mediation, using a mutually agreeable mediator. Each Party shall be responsible for its own costs and fees and agree to share equally in the cost of the mediator. I. Venue. In the event that either Party deems it necessary to institute legal action or 7