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13.4 Representation of Agencies in Contested Matters. In the event one or more of the Agencies is <br /> the subject of a lawsuit, complaint or other contested matter, the Joint Board will determine whether the <br /> matter affects the common interests of all the Agencies. The Joint Board may determine in its sole <br /> discretion whether joint or separate representation is desirable and approve a budget for joint <br /> representation on such matters. Where joint representation is authorized, the Joint Board may designate <br /> a Joint Board member or an Agency representative to supervise the lawyer retained to represent the <br /> Agencies. Communications between the lawyer, the Joint Board and the Agencies on the matter will be <br /> conducted in a manner consistent with Subsection 13.1 and 13.2. <br /> 13.5 No Liability. Notwithstanding any provision of this Agreement to the contrary, the Agencies agree <br /> to hold each other harmless from and against any and all claims, demands, lawsuits or liability of any <br /> kind arising out of the acts or omissions of a lawyer employed or retained to provide joint representation <br /> of all Agencies including without limitation a lawyer for the ROOT or Regional Service Provider, on a <br /> matter related to the ORCA System. <br /> 36 <br />