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harmle�� fr.om and against any and all claims, actions, demands, <br /> suits, lcsses or liability resultinq from Rucker's actions or <br /> inactions pUrsuant to the provisions of this Agreement. <br /> 3 . In the event that the City believes that Rucker in not <br /> �roperly undertaking the maintenance and repair activities required <br /> by this Agreement, it shall notify Rucker, in writing, of the <br /> nature of the required maintenance and/or repair activities. If <br /> Rucker fails to complete the specified repair and/or maintFnance <br /> activities within thirty (30) days of receipt of the notice, the <br /> City may, but is not ob2i.3ated to, undertake such maintenance <br /> and/or repair activities and shall be entitled to full <br /> reimbursement from Rucker. if Rucker dispute�. the necessity for <br /> the specified maintenance and/or repair activities in the City's <br /> notification, they shall identify their objection, in writing, <br /> within the thirty (30) day period after receipt of the notification <br /> and deliver the same to the City. Failure of Rucker to so object <br /> will constitute acceptance of the necessary scope of repair and/or <br /> maintenance activities. If Rucker does notify the City of their <br /> objection and the parties are unable to resolve the dispute, the <br /> matter shall be resolved by arbitration using the format and rules, <br /> where applicable, of superior court mandatory arbitration. The <br /> arbitrator shall be appointed by the Snohomish County Superior <br /> Court Administrator if the parti �s are unable to mutually agree. <br /> That arbitrator's decision shal� ��e final and bindinq. <br /> 4. This Aqreement shall be binding npon the parties hereto <br /> , and upon their respective legal representatives, successors and <br /> • assigns. <br /> t 5. Nothing in this Agreement is intended to benefit any third <br /> party of create a claim or cause of action by anyone not a party <br /> hereto. <br /> DATED this �L, day of �,1�-�-�-.�-�-�_ , 1993 . <br /> �J.s-��?-�. <br /> William J. Ruck�x <br /> \J <br /> , r�,..:4.��- <br /> William D. Rucker <br /> a � ���5,�--� �C�..t�u-.1 - - <br /> Carole J. Ru�ker <br /> CITY OF EVERETT <br /> _�: <br /> By .•� !,-- _ i <br /> Tt�J - <br /> IMC.79?-3:570h7-1 ' 2 - <br /> t <br />