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Resolution 6142
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Resolution 6142
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Last modified
11/17/2016 10:36:01 AM
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11/17/2016 10:35:57 AM
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Resolutions
Resolution Number
6142
Date
5/13/2009
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1 A disputing Member may make a demand for arbitration before negotiation or <br /> 2 mediation if it appears that a claim might be barred by a statute of limitations if <br /> 3 the demand were made after the negotiation or mediation. However, in such a <br /> 4 case the arbitration will be stayed until the conclusion of negotiation and <br /> 5 mediation. <br /> 6 <br /> 7 The decision and award rendered by the arbitrator(s) shall be final, and judgment <br /> 8 may be entered upon it in accordance with applicable law in any court having <br /> 9 jurisdiction thereof. <br /> 10 <br /> 11 <br /> 12 ARTICLE X <br /> 13 DUTY TO INDEMNIFY <br /> 14 <br /> 15 To the extent of its fault, a Member shall defend, indemnify, and hold harmless all <br /> 16 other Members, their elected officials, Authorized Officials, officers, employees <br /> 17 and agents from any and all costs, claims, judgments, losses, awards of damage, <br /> 18 injury, death and liability of every kind, nature and description, including the <br /> 19 reasonable cost of defense and attorneys' fees, directly or indirectly arising from <br /> 20 or relating to this Agreement (collectively, "Indemnified Claims"). <br /> 21 <br /> 22 This indemnity obligation extends to all Indemnified Claims against a Member by <br /> 23 an employee or former employee of another Member, and for this purpose, by <br /> 24 mutual negotiation, each Member hereby expressly waives, with respect to each <br /> 25 other Member only, all immunity and limitation under any applicable industrial <br /> 26 insurance act, including Title 51 of the Revised Code of Washington, other <br /> 27 worker compensation acts, disability benefit acts or other employee benefit act of <br /> 28 any jurisdiction which would otherwise be applicable in the case of Indemnified <br /> 29 Claims. <br /> 30 <br /> 31 <br /> 32 ARTICLE XI <br /> 33 WORKER'S COMPENSATION AND SITE CONDITIONS <br /> 34 <br /> 35 The Responding Member is responsible for providing worker's compensation <br /> 36 benefits and administering worker's compensation for its employees. The <br /> 37 Requesting Member is responsible for providing worker's compensation benefits <br /> 38 and administering worker's compensation for its employees. <br /> 39 <br /> 40 Each Member shall promptly identify to the other Members concerns about site <br /> 41 safety, environmental concerns, and other working conditions. The Safety <br /> 42 Officer appointed within the Incident Command System during the Period of <br /> 43 Assistance shall address specific safety conditions and mitigations. <br /> 44 <br /> Mutual Aid and Assistance Agreement for Washington State WARN <br /> 9-12 <br />
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