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9 <br />from the terms and conditions of this IGSA, the provisions of the statute shall govern. If <br />there is a conflict between federal and state law or any municipal laws, federal law will <br />control. <br />15.2. This IGSA is not governed by standard acquisition contracting methods of <br />competitive bidding as delineated in the FAR and supplements thereto. However, if City <br />of Everett shall provide services through a contract, the contract must be awarded through <br />competitive procedures. <br />16. DISPUTES: <br />16.1. If the Parties are unable to agree about interpreting or applying a material term of <br />either this IGSA or an order, the Parties agree to engage to reach mutual agreement in the <br />proper interpretation of this IGSA including amendment or termination of this IGSA as <br />necessary, or by escalating the dispute within their respective organizations. <br />16.2. As a condition precedent to a Party bringing any action for breach of this IGSA, <br />that Party must first notify the other Party in writing of the nature of the purported breach <br />and seek in good faith to resolve the dispute through negotiation. If the Parties cannot <br />resolve the dispute through negotiation, they may agree to a mutually acceptable method <br />of non-binding alternative dispute resolution with a qualified third party acceptable to the <br />Parties. Each Party must pay an equal share of any costs incurred by use of the third <br />party. <br />16.3. If any third-party dispute or litigation relates to, or potentially affects a Party’s <br />ability to perform under this IGSA, the Parties agree to promptly notify each other of <br />such dispute or litigation. The existence of such a dispute or litigation shall not excuse the <br />Parties from performance pursuant to this IGSA. <br />16.4. If any dispute between the Parties arising out of this IGSA requires consideration <br />of the law, the rights and obligations of the Parties shall be interpreted and determined <br />according to the substantive and procedural laws of the United States of America. <br />17. RELEASE: The City of Everett makes no promises, representations or guarantees to NSE <br />that the de-icing road treatment services to be provided by the City of Everett under this <br />Agreement are sufficient or appropriate for NSE. The City of Everett provides the <br />services absolutely without warranty of any kind. NSE remains solely responsible for the <br />condition of NSE road surfaces, for continuously evaluating the City of Everett’s de-icing <br />road treatment services, and for determining whether the services assist NSE in <br />maintaining its road surfaces. In its evaluations, NSE may always consider providing its <br />own de-icing road treatment services and terminating this IGSA. NSE acknowledges that <br />NSE’s paying in-kind services for de-icing road treatment services does not compensate <br />the City of Everett for assuming legal risk associated with services. Accordingly, if the <br />City of Everett fails for any reason to provide the de-icing road treatment services or fails <br />to properly provide such services, NSE’s exclusive remedy is termination of this IGSA, <br />and as appropriate, refunding of amounts paid by NSE for the services. Except for this