2003/04/09 Council Agenda Packet

(E)The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. 13. FEDERAL AND STATE FUNDING 13.1 General The Parties agree to comply with all applicable State and FTA grant requirements. 13.2 Continuing Control of Facilities,Equipment and Structures Federal transit law requires a recipient of a federal grant or loan to have satisfactory continuing control over the use of and the ability to maintain the improvements and facilities constructed with federal funds. The Parties agree that the Project or work described in this Agreement is to be constructed as utilizing, in part, federal funds provided to the Parties, and that the Federal government retains a continuing interest in all structures, equipment and other facilities acquired or constructed with federal funds. The Project will be operated for the purposes for which the grants were given over the useful life of the Project. Any operating changes made to Project will be consistent with the federal continuing control requirements. Prior to construction of the Project , a separate continuing control agreement will be executed by the parties that will be effective for the useful life of the facilities. 14. INDEMNIFICATION To the maximum extent permitted by law, Sound Transit and the City shall defend, indemnify and hold harmless the other Party and of all of its officials, employees,principals, and agents from all claims, demands, suits, actions, and liability of any kind whatsoever that arise out of, are connected with, or are incident to any errors, omissions or negligent acts of the indemnifying Party, its employees and agents in performing the indemnifying Party's obligations under this Agreement; provided, however, if any such claims, demands, suits, actions or liability are caused by or result from the concurrent negligence of the Parties or their respective agents or employees, this defense and indemnity obligation applies only to the extent of the negligence of the indemnifying Party or its employees or agents. The Parties agree that their obligations under this paragraph extend to claims made against one Party by the other Party's own employees. For this purpose, the Parties, by mutual negotiation, hereby waive, as respects the other Party only; any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event either Party incurs attorney's fees, costs or other legal expenses to enforce the 10 1 0