WA State Office of Public Defense 6/24/2026

FY270167 City of Everett Page 8 of 14 delay to carry out their respective responsibilities under this Agreement while attempting to resolve any such dispute. Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, the parties shall participate in mediation in good faith. The parties shall choose the mediator by agreement. If the parties cannot agree on a mediator, the parties shall use a mediation service that selects the mediator for the parties. The parties agree that mediation must precede any action in a judicial or quasi- judicial tribunal. Nothing in this Agreement will be construed to limit the parties’ choice of a mutually acceptable alternative resolution method such as a dispute resolution board or arbitration. 15.16. ELECTRONIC SIGNATURES An electronic signature or electronic record of this Contract or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract or such other ancillary agreement for all purposes. 15.17. EXHIBITS AND HYPERLINKS Each of the exhibits referenced herein or attached hereto and documents hyperlinked herein are incorporated into this Agreement. 15.18. FORCE MAJEURE Neither Contractor/Recipient nor OPD shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except Subcontractors). In the event a Force Majeure occurs after the effective date and prior to completion or expiration date of this Contract, OPD, at its sole discretion, may elect to suspend performance of the Contract until OPD determines the Force Majeure event resolved. OPD may exercise this option with no notification restrictions. 15.19. GOVERNING LAW AND VENUE This Contract will be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder must be in the Superior Court for Thurston County. 15.20. HARASSMENT Contractor/Recipient shall not engage in unlawful harassment, including sexual harassment, with respect to any persons with whom Contractor/Recipient interacts in the performance of this Contract. 15.21. HEADINGS & CAPTIONS The headings and captions used herein are for reference and convenience only and shall not enter into the interpretation hereof unless otherwise specified herein. 15.22. INDEMNIFICATION Contractor/Recipient shall defend, protect, and hold harmless the state of Washington, including all elected officials, public agencies, officers, and employees thereof, from and against all claims, suits, and actions, including all costs of defense, arising from any negligent act or omission of Contractor/Recipient or any authorized subcontractor or any employee or agent of either, in the performance of this Contract. Docusign Envelope ID: 18CEA3B7-5050-8AE2-810D-2CE7E9FF66CA