Port of Everett 6/8/2016 - Laserfiche WebLink

from or relating to use of Temporary Construction Easement area, the Grantor and City will cooperate with each other to seek reimbursement, indemnity and defense from the Project contractor and its insurers in accordance with the Project construction contract. Any amounts unpaid by the Project contractor and its insurers will be deemed construction costs under Section 1.H.1 of the Interlocal Agreement and will be split equally between Grantor and the City; except for those costs covered by Section 1.H.3 of the Interlocal Agreement, which will be paid by the City solely. 5. The Grantor also covenants to the City that Grantor is lawfully seized of the land on which the Easement is located; has a good and lawful right and power to grant to the City the rights with respect to the Temporary Construction Easement provided for by this Agreement; that the Temporary Construction Easement is not subject to any liens or encumbrances inconsistent with this Agreement; and that Grantor will forever warrant and defend the title to the Temporary Construction Easement and the quiet use of the City thereof in accordance with this Agreement against the lawful claims and demands of all other persons whomsoever. 6. The rights and obligations of the Grantor and City shall inure to the benefit of and be binding upon their respective heirs, successors and assigns. 7. In the event that a dispute under this Agreement arises between the parties, each party to the dispute agrees to work diligently and expeditiously to resolve that dispute. If a dispute arises, at the request of one party, each of the parties to the dispute shall meet, within three (3) days to discuss the substance of the issue(s) in dispute. In the event that the parties are unsuccessful in resolving the dispute(s) at the initial meeting, within three (3) days thereafter, the Grantor's Director of Engineering, or his designee, and/or the City's Director of Public Works, or his designee, as the case may be, shall meet to discuss the substance of the issue(s) in dispute. If the parties to the dispute are unsuccessful in resolving the disputed issue(s) at this subsequent meeting, the parties to the dispute agree to engage the services of a mediator who is mutually acceptable and participate in mediation within twenty (20) days of the subsequent meeting or as soon thereafter as the mediator may be available or at such later date as the parties to the dispute may agree. In the event that mediation fails to resolve the issue(s) in dispute, each party to the dispute shall be free to seek such other recourse as may be available. 8. The terms and conditions of this Agreement are intended to run with the land. Executed as of the date hereinabove set forth. 3