Multiple Water Districts 7/22/2020

8. Fees and Costs. The rights of any prevailing Party to recover attorneys'fees and costs.incurred in enforcing the Contract pursuant to the terms thereof, if any,is unmodified by this Tolling Agreement. 9. Notice. Formal notice under and official communications between the Parties regarding this Tolling Agreement shall be sent by first class mail as follows: To the City: To AWWD: Mayor General Manager • City of Everett Alderwood Water and Wastewater District 2930 Wetmore Avenue 3626 156th St. SW Everett WA 98201 Lynnwood, WA 98087 To SLWSD: To MWWD: General Manager General Manager Silver Lake Water and Sewer District Mukilteo Water and Wastewater District 15205 41s`Ave SE 7824 Mukilteo Speedway Bothell, WA 98012 Mukilteo,WA 98275 10. Justifiable Reliance. The City acknowledges and agrees that the District is justifiably and reasonably relying upon the terms and conditions set forth in this Tolling Agreement,that the Statutes of Limitation are subject to being tolled, and that this Tolling Agreement is enforceable in accordance with its terms. 11. Arbitration A. Arbitration Notice. If the dispute described above is not resolved by June 30, 2022 and any Party desires arbitration, the Party shall provide notice to the other Parties no earlier than July 1, 2022 and no later than September 30, 2022. Any notice delivered outside of such notice period is ineffective. B. Arbitration Panel. The arbitration will be conducted by a three-member panel. The City shall each select one panel member, and the Districts will select one panel member. Those two panel members will select the third panel member. Each side shall pay the costs of its chosen arbitrator,with all other arbitration costs split evenly between the City and the Districts. The arbitration panel's authority is limited to determining the Districts' reimbursement obligation, if any, to the City under the Contracts for the City's purchase of the Agricultural. Property. For example,the arbitration panel may decide to require that the Districts pay the City the entire unpaid reimbursement amount claimed by the City,or the panel could decide to require the City to repay to the Districts the Districts' one-half payment made under protest. The arbitration panel will determine the relevance, and weight to be given to, any biosolids disposal cost data or financial analysis relating to the Agricultural Property that may be offered by a party at the hearing. C. Arbitration Decision. The arbitration panel shall promptly issue a decision. The arbitration decision is binding on the Parties. 3