WA ST Recreation and Conservation Office 10/15/2021

notice to continue work. 2) No Waiver.The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement,when a dispute arises between the Sponsor and the RCO,which cannot be resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name,address,project title,and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor,one person chosen by the director,and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on,the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor,and one by the director shall be appointed and they shall agree on a third person.This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform,as necessary,or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute.The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS'FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys'fees. GOVERNING LAWNENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be in the Superior Court of a county where the project is situated,if venue there is legally proper,and if not,in a county where venue is legally proper.The Sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. RCO:20-1579 Revision Date: 6/1/2021 Page 21 of 21