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3 <br /> • 12 <br /> payments by each Member bears to the total contribution payments by all remaining <br /> Members made over the life of the Pool. <br /> c_ c. Any and all disputes concerning the entitlement to or amount of any <br /> refund of excess payments or the distribution of assets shall be resolved by arbitration <br /> pursuant to the rules for commercial arbitration of the American Arbitration Association. <br /> All Members may participate in the arbitration and shall be bound by the arbitrator's <br /> decision. <br /> Section 17.Liability Limitation. In the event that any claim against a Member-cmembeF is not <br /> covered or exceeds the applicable limits of coverage provided by the Pool,the liability for that <br /> obligation lies with the Membermember. <br /> Section 18.No Assignment. Neither the Pool nor any NiemberenembeF may assign any rights, <br /> claim, or interest established by this agreement without the consent of the other. <br /> Section 19. Mediation. The parties to any dispute between the Pool or its MAembersmembers <br /> concerning this agreement shall seek to resolve it through mediation. <br /> Section 20.Litigation. <br /> a_ a. Venue for any dispute concerning this agreement may only be laid in the <br /> • <br /> Thurston County Superior Court or the United States District Court for the Western <br /> District of Washington. <br /> b_ b. The prevailing party in any litigation brought to enforce this agreement <br /> shall be entitled to its reasonable attorney's fees and costs. <br /> Section 21.Governing Law. This agreement shall be governed by the laws of Washington except <br /> for the Washington laws on conflict of laws. Therefore the substantive laws of Washington shall <br /> govern in all respects. <br /> Section 22. Supersession. This agreement supersedes and replaces all prior interlocal <br /> agreements and amendments thereto pertaining to the Pool. <br /> Section 23. Effective Date. This agreement shall be effective when approved by at least three- <br /> fourthstwelve of the governing boards of the sixteen Members cycteme. <br /> Section 24.Approval by Counterparts. This agreement may be approved by counterparts so that <br /> Members need not execute the same document. Upon approval,each Member shall promptly <br /> send a copy of the executed agreement to the Pool. <br /> Subscribed this day of , 201448. <br /> Member Transit System <br /> By <br /> Its <br /> Attest: <br /> 99 <br />