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,�- . Washington State Transportation Improvement Board 8-1-138(035)-1 <br /> ( <br /> 111 Fuel Tax Grant Agreement <br /> 12.0 INDEPENDENT CAPACITY <br /> The RECIPIENT shall be deemed an independent contractor for all purposes and the <br /> employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof <br /> shall not in any manner be deemed employees of TIB. <br /> 13.0 INDEMNIFICATION AND HOLD HARMLESS <br /> The PARTIES agree to the following: <br /> Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its <br /> officers, officials, employees, and agents, while acting within the scope of their employment as <br /> such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in <br /> any way resulting from, that PARTY's own negligent acts or omissions which may arise in <br /> connection with its performance under this Agreement. No PARTY will be required to <br /> indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, <br /> death, or damages is caused by the sole negligence of the other PARTY. Where such claims, <br /> suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions <br /> provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. <br /> Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, <br /> demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For <br /> this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the <br /> other PARTY only, any immunity that would otherwise be available to it against such claims <br /> under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions <br /> of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees <br /> and costs incurred from the other PARTY. The obligations of this Section shall survive <br /> termination of this Agreement. <br /> 14.0 DISPUTE RESOLUTION <br /> a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any <br /> dispute arising under or in connection with this AGREEMENT. The dispute resolution <br /> process outlined in this Section applies to disputes arising under or in connection with <br /> the terms of this AGREEMENT. <br /> b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes <br /> promptly and at the lowest organizational level. <br /> c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall <br /> submit the matter to non-binding mediation facilitated by a mutually agreed upon <br /> mediator. The PARTIES shall share equally in the cost of the mediator. <br /> d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute <br /> in order to avoid delays or additional incurred cost to the Project. <br /> e) The PARTIES agree that they shall have no right to seek relief in a court of law until and <br /> unless the Dispute Resolution process has been exhausted. <br /> Fuel Tax e m&nt 1 cf8 ;o caa;her 12 <br />