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grant such a license. The Court shall advise the AOC, at the time of delivery of data <br />furnished under this Agreement, of all known or potential invasions of privacy contained <br />therein and of any portion of such document which was not produced in the performance <br />of this Agreement. The AOC shall receive prompt written notice of each notice or claim of <br />copyright infringement received by the Court with respect to any data delivered under this <br />Agreement. The AOC shall have the right to modify or remove any restrictive markings <br />placed upon the data by the Court. <br />10. INDEPENDENT CAPACITY <br />The employees or agents of each party who are engaged in the performance of this <br />Agreement shall continue to be employees or agents of that party and shall not be <br />considered for any purpose to be employees or agents of the other party. <br />11. AGREEMENT ALTERATIONS AND AMENDMENTS <br />This Agreement may be amended by mutual agreement of the parties. Such amendments <br />shall not be binding unless they are in writing and signed by personnel authorized to bind <br />each of the parties. <br />12. RECORDS, DOCUMENTS, AND REPORTS <br />The Court shall maintain books, records, documents and other evidence of accounting <br />procedures and practices which sufficiently and properly reflect all direct and indirect costs <br />of any nature expended in the performance of this Agreement. These records shall be <br />subject at all reasonable times to inspection, review, or audit by personnel duly authorized <br />by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, <br />regulation, or Agreement. The Court will retain all books, records, documents, and other <br />material relevant to this Agreement for six years after settlement, and make them available <br />for inspection by persons authorized under this provision. <br />13. RIGHT OF INSPECTION <br />The Court shall provide right of access to its facilities to the AOC, or any of its officers, or <br />to any other authorized agent or official of the state of Washington of the federal <br />government at all reasonable times, in order to monitor and evaluate performance, <br />compliance, and/or quality assurance under this Agreement. <br />14. DISPUTES <br />Disputes arising under this Agreement shall be resolved by a panel consisting of one <br />representative from the AOC one representative from the Court and a mutually agreed <br />upon third party. The dispute panel shall thereafter decide the dispute with the majority <br />prevailing. Neither party shall have recourse to the courts unless there is a showing of <br />noncompliance or waiver of this section. <br />IAA22463 Page 5 of 7 <br />