WA Dept of Natural Resources 9/21/2022

Records and other documents in any medium furnished by one party to this agreement to the other party will remain the property of the furnishing party,unless otherwise agreed. The receiving party will not disclose this material to any third parties without first notifying the furnishing party and giving it a reasonable opportunity to respond. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 7.0 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be `works for hire' as defined by as defined by Title 17 U.S.C.,Section 101 and shall be owned by DNR and COOPERATOR,equally. Data shall include, but not be limited to, reports,documents, pamphlets,advertisements,books,magazines,surveys, studies,computer programs, films,tapes, and/or sound reproductions. Ownership includes the right to use,copyright, patent,register and the ability to transfer these rights. 8.0 Independent Capacity_ The employees or agents of each party who are engaged in performing this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 9.0 Amendments. This Agreement may be amended by mutual agreement of the parties_ Amendments shall be in writing and signed by personnel authorized to bind each of the parties. 10.0 Termination for Convenience. Either party may terminate this Agreement upon 30 calendar days' prior written notice to the other party. If this Agreement is terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 11.0 Termination far Cause. If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement,or if either party violates any of the terms and conditions,the aggrieved party will give the other party written notice of the failure or violation. The aggrieved party will give the other party 15 working days to correct the violation or failure. If the failure or violation is not corrected within 15 days,the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 12.0 Disputes. If a dispute arises, each party will make a good faith effort to resolve issues at the lowest possible level in their respective agencies_ If they cannot resolve an issue,they will elevate the issue within their respective chains of command to resolve it. In the event that a dispute arises under this Agreement,it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board_ The Dispute Board shall evaluate the facts,Agreement terms,applicable statutes and rules,and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on both parties. The cost of resolution will be borne as allocated by the Dispute Board. Alternatively,the parties may pursue a third party dispute resolution as the parties mutually agree to in writing. DNIR AGREEMENT#93-103727 PAGE 3 or 13 COOPERATOR AGREEMENT Form update date:22 01.27