2008/03/19 Council Agenda Packet

related facilities are in danger of failing to perform, the Parties will cooperate to identify the cause of the problem. Responsibility for resolving the problem will be assigned to the Party whose discharge or facility is the cause of the problem. If the cause of the problem cannot be readily identified as the responsibility of one of the Parties, the Parties shall contract with a neutral consultant to identify the cause. The Parties shall equally share the cost of consulting fees. If the neutral consultant is able to identify the cause of the problem and allocate responsibility in proportion to each Party's fault, each Party will be responsible for its proportionate share of the cost of corrective or remedial action. If the neutral consultant is unable to identify the cause of the problem or is unable to determine the proper allocation of responsibility, each Party will be responsible for 50% of the cost of corrective or remedial action. Unanticipated costs of environmental compliance related to this Agreement required in future permits may be allocated pursuant to Section 3.2. 10. Indemnification The City will indemnify K-C for claims resulting from negligent acts or willful misconduct by the City, its employees, officers, agents, or contractors relating to its performance under this Agreement. K-C will indemnify the City for claims resulting from negligent acts or willful misconduct by K-C, its employees, officers, agents, or contractors relating to its performance under this Agreement. 11. Notices Communications by the Parties under this Agreement shall be as determined by the Management Committee. Written notices required by this Agreement shall be sent by first class mail to the following contacts for each party: City of Everett Contact Name: Mark Sadler Title: Maintenance Superintendent Address: 3200 Cedar Street, Everett WA 98201 i- 9