Tulalip Tribes of Washington 6/20/2021

• h. The cost sharing described above is not an admission that the Parties are liable for the Mortar Scope of Work or Mortar Delamination,and instead is undertaken to mitigate damages. i. •The Tulalip Tribes will be responsible for all costs to repair defaminated mortar on Segment 5,except only for that portion of Segment 5 located south of the meter on Smith Island. j. In the event IMCO Construction submits a bid to the City for the Mortar Scope of Work, the City will be responsible to determine IMCO's qualifications, responsibility and/or responsiveness and will have the authority and control, as between the Parties,to decide all matters related to any such bid submission by IMCO. 2. No Precedent/No Alteration of Existing Agreements. a. This Agreement sets no precedent,and will not be invoked by the Parties to establish rules for any issues arising in the future related to the fitness,operation, maintenance or quality of any Segment of the Pipeline. b. This Agreement shall not affect or alter or be used to interpret the terms, rights and obligations under the Parties'prior agreements related to the supply and delivery of water from the City of Everett to the Tulalip Indian Reservation, including but not limited to,the 2005 Settlement Agreement and the 2016 Wholesale Water Delivery Contract. 3. No Responsibility Other Party's Pipeline. Other than the mortar repair cost share authorized under this Agreement for the Mortar Scope of Work,the Tulalip Tribes under this Agreement assumes no responsibility for the costs of repairs, operation or maintenance of any Segment of the Pipeline owned by the City of Everett. The City assumes under this Agreement no responsibility for the costs of repairs, operation or maintenance of any Segment of the Pipeline owned by the Tulalip Tribes. 4. Reservation. The Parties reserve and do not waive all of their separate and joint rights, remedies,claims and causes of action against all third parties who are or may be liable for the mortar delamination on the Pipeline, including without limitation IMCO Construction, MWH (now Stantec),Euclid Chemical and any other contractors, consultants or suppliers related to the design and construction of the Pipeline. 5. Dispute Resolution. Any dispute under or in connection with this Agreement shall be governed by the General Governmental Dispute Resolution Process of Part K of the 2005 Settlement Agreement; provided,that should either party file suit in any judicial forum pursuant to that Part K,that party shall have recourse first to the Federal District Court for the Western District 3 Page 520 of 1140