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2003/12/17 Council Agenda Packet
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2003/12/17 Council Agenda Packet
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Council Agenda Packet
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12/17/2003
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�L.�� r.�n t•C'.C[C I r ri_iLll t u I 4cti-c3(-B5cl1 In:3693 F:7'8 <br /> 15. Di Aute Resolution <br /> In case of any dispute or disagreement arising out of or connected with this Agreement, <br /> the parties hereto hereby agree to submit said dispute or disagreement to the American <br /> Arbitration Association in Seattle, Washington, for resolution within 90 days after <br /> submission thereof by an arbitrator selected by the parties from a list of five arbitrators <br /> provided by the American Arbitration Association. If the parties are unable to agree on a <br /> single arbitrator, each party shall alternately delete one arbitrator from the list until only <br /> one arbitrator remains. The party to make the first deletion shall be determined by the flip <br /> of a coin- The remaining arbitrator shall hear the dispute. Any decision by said arbitrator <br /> shall be binding, and except in cases of gross fraud or misconduct by the arbitrator, the <br /> decision rendered with respect to such dispute or disagreement shall not be appealable. In <br /> reaching his or her decision, the arbitrator shall have no authority to change or modify any <br /> provision of this Agreement. <br /> 16. ®umsyrrenncime,rit2 <br /> The agreement may be amended at any time provided no changes or additions shall be <br /> made except as agreed to by both parties and reduced to writing and executed with the <br /> same formalities as are required for the execution of this agreement, <br /> 17. Hold Harmless <br /> Each party hereto agrees to be responsible and assume liability for its own wrongful and <br /> negligent acts or omissions, or those of its officers, agents, or employees to the fullest <br /> extent allowed by Iaw, and agrees to save, indemnify, defend and hold the other party <br /> harmless from any such liability. In the case of negligence of more than one party, any <br /> damages allowed shall be levied in proportion to the percentage of negligence attributable <br /> to each party; and each party shall have the right to seek contribution from the other party <br /> in proportion to the percentage of negligence attributable to each party. <br /> 18. Venue / Stipulation <br /> This agreement shall be construed as having been made and delivered within the State of <br /> Washington, and the laws of State of Washington shall be applicable to its construction <br /> and enforcement. Any action at law, suit and equity, or judicial proceeding for the <br /> enforcement of this agreement or any provision hereto shall be instituted in Snohomish <br /> County, Everett, Washington. <br /> 19. Compliance with laws <br /> The parties hereto agree to comply in carrying out the terms of this agreement with all <br /> applicable federal, state, and local laws, ordinances, and regulation. <br /> 19A. Review by �Yerett City Council. <br /> This agreement shall be brought back to the Everett City Council in one year for review. <br /> Cita,-County Consolidated Evidence Facility Coact Page 7 <br />
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