02-037 - City of Renton - South 180th Street Grade Separation

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6.4 In addition to the foregoing funding to be provided to the Project by Renton, Renton will pay Tukwila for those requested construction changes if they are betterment changes that change the scope of work or the approved construction plans and result in an increase in the project's cost. Renton will not be responsible for the costs of change orders that are due to unknown field conditions or design problems that are identified during the project construction. 6.5 In the event a lawsuit is instituted to enforce the payment obligations of Renton, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 7. DURATION/TERMINATION 7.1 This Agreement shall remain in effect until final acceptance of the Project, payment by Renton of all monies due from Renton to Tukwila, and completion of the wetland monitoring and maintenance period subject to the early termination provisions below. 7.2 If expected or actual funding is withdrawn, reduced or limited in any way prior to the completion of the Project, either party may, with 30 days written notice to the other party, terminate this Agreement. 7.3 In the event of termination prior to completion of the Project: 7.3.1 The party requesting termination shall pay all direct and indirect phasing -out costs. 7.3.2 Termination costs payable shall not exceed the actual costs incurred as a result of termination of the Project. 8. INDEMNIFICATION AND HOLD HARMLESS Washington State law shall govern the respective liability between the parties to this Agreement for any loss due to property damage or personal injury arising out of the activities conducted pursuant to this Agreement. Interlocal Agreement Page 8 of 10 Cm of Tukwila City of Renton S. 180 St Grade Separation