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• Grant No.G1000088 <br /> Independent Cleanup Action <br /> Agreement with City of Everett 9 <br /> Q. DISPUTES <br /> Except as otherwise provided in this agreement, any dispute concerning a question of fact <br /> arising under this agreement which-is not disposed of in writing shall be decided by the <br /> Project Officer or other designated official who shall provide a written statement of <br /> decision to the RECIPIENT. The decision of the Project Officer or other designated <br /> official shall be final and conclusive unless, within thirty days from the date of receipt of <br /> such statement, the RECIPIENT mails or otherwise furnishes to the Director of the <br /> DEPARTMENT a written appeal. <br /> En connection with appeal of any proceeding under this clause, the RECIPIENT shall <br /> have the opportunity to be heard and to offer evidence in support of this appeal. The <br /> decision of the Director or duly authorized representative for the determination of such <br /> appeals shall be final and conclusive. Appeals from the Director's determination shall be <br /> brought in the Superior Court of Thurston County. Review of the decision of the Director <br /> will not be sought before either the Pollution Control Hearings Board or the Shoreline <br /> Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall <br /> proceed diligently with the performance of this agreement and in accordance with the <br /> decision rendered. <br /> R. CONFLICT OF INTEREST <br /> No officer, member, agent, or employee of either party to this agreement who exercises <br /> any function or responsibility in the review, approval,or carrying out of this agreement, <br /> shall participate in any decision which affects his/her personal interest or the interest of <br /> any corporation, partnership or association in which he/she is,directly or indirectly <br /> interested; nor shall he/she have any personal or pecuniary interest,direct or indirect, in <br /> this agreement or the proceeds thereof. <br /> S. INDEMNIFICATION <br /> 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, <br /> consultant's fees, and other costs related to the project described herein, except as <br /> provided in the Scope of Work. <br /> 2. To the extent that the Constitution and laws of the State of Washington permit, <br /> each party shall indemnify and hold the other harmless from and against any <br /> liability for any or all injuries to persons or property arising from the negligent act <br /> or omission of that party or that party's agents or employees arising out of this <br /> agreement. <br /> T. GOVERNING LAW <br /> This agreement shall be governed by the taws of the State of Washington. <br /> 39 <br /> Page 13 of 14 <br />