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_ 4 <br /> I <br /> n_ V <br /> Request for a disputes hearing under this section by either party shall be delivered or mailed to the <br /> otherparty.The request shall be delivered or mailed within thirty(30)days of the date the requesting <br /> which it wishes to dispute.The <br /> party has received notice of the action or position of the other party <br /> written agreement to use the process under this section for resolution in of ththose(30)3days of b receipt by <br /> e <br /> delivered or mailed by the receiving party to the requesting party <br /> the receiving party of the request. <br /> all bythe parties. <br /> All costs associated with the implementation of this process shall be shared equally <br /> SECTION 43. ATTORNEYS'FEES <br /> In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own <br /> attorney fees and costs. <br /> SECTION 44. GOVERNING LAWNENUE <br /> This Agreement shall be construed and interpreted ine shallaccordance <br /> be n Thuhst nthe lCountyof tSupeStaoe of CourtSf legally In <br /> the event of a lawsuit involving this Agreement,venu <br /> ,and <br /> proper;otherwise venue shall be in a county wherethe <br /> projecis onsort by exexecution of this Agreemen,if venue there is g allcknowledges <br /> if not, in a county where venue is legally proper.The S p <br /> the jurisdiction of the courts of the State of Washington. <br /> SECTION 45. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE <br /> SPONSOR <br /> s the <br /> In the cases where this Agreement is between the Indian Tribeboard ,ch thefollowing terms <br /> and conditions of on for <br /> apply, <br /> purposes of this Agreement)and a federally recognized <br /> but only between those parties: <br /> s <br /> A. Notwithstanding the above venue provision,elatin So the petate of rformance, breeacdh, or enforcement of this <br /> initiate legal action <br /> against a federally recognized Indian tribe 9 <br /> ct <br /> Agreement,it shall so notify the Tribe. If thethe Tribe shall so notify Tribe blieves that a good faithbhel Statetwithin fibeedays <br /> matter jurisdiction of such an action in federal court <br /> of receipt of such notice and state the basis for such otherwisjurisdiction. <br /> IthecState lf the Tribe so notifies the State,may sue the Tribe in the Thurston e <br /> State shall bring such action in federal court, re venue is proper, if not proper in Thurston <br /> County Superior erpre Couranon oor <br /> the Agrsuch eement shall be accorder superior court ing to applicable State law, except to the <br /> County. Interpretation 9 in federal court and federal court <br /> extent preempted by federal law. Imatter brought <br /> the dispute betweentthe State and Tribal <br /> determines that it lacks subject maa ttjurisdiction tion to resolve <br /> Party,then the State may bring suit in Thurston County Superior Court or such other superior court <br /> where venue is proper, if not proper in Thurston County. <br /> B. Any judicial award,determination, order, decree or other relief,whether in law or equity or otherwise, <br /> resulting from such actions under subsection A above, shall be binding and enforceable <br /> the State of <br /> parties.Any money judgment or award against a Tribe,tribalofficers, or exceed the empunt employees, or the Stawardedf <br /> • Washington,its agencies, or its officers and employees may <br /> under this Agreement. <br /> C. As requested by RCO,the Tribe shall provide to RCO its governing requirements and procedures for <br /> the tribe shall <br /> enteringroie into Agreement authorizations <br /> u horiz tionsith Oand waiving its the Tribe requires toe authorize the person(s)n immunity. In tsigning the Agreement <br /> provide to RCO all aut <br /> on the Tribe's behalf to bind the Tribe and waive the Tribe's sovereign immunity as provided herein. <br /> 109 <br /> Pane 36 of 37 <br />