98-097 - Highline School District #401 - Easement Agreement for Water Reservoir

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following address. 15675 Ambaum Blvd S W Burien WA 98166 Any notice required to be given to HWD shall be in writing and shall be personally delivered or sent certified mail, return receipt requested, to General Manager at the following address. P 0 Box 3867, Kent W A 98032. 20 Jurisdiction This Agreement shall be governed by the laws of the State of Washington 21. Dispute Resolution. All claims, disputes and other matters in question between the parties, direct or indirect, arising out of or relating to demolition or construction activities under this Agreement, or the breach thereof, "Claims, shall be decided by arbitration in King County, Washington, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise The arbitrator(s) shall not be empowered to grant exemplary or punitive damages Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The parties shall apply to the arbitrators for relevant discovery consistent with the Federal Rules of Civil Procedure, which the arbitrators shall be authorized to order Either party may request that the arbitrator's award include findings of fact and conclusions of law The award rendered by the arbitrator or arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof Within 15 days of receipt of the written findings of fact and conclusions of law, either party will have the right to file with the arbitrators and serve on the other party a written motion to reconsider The arbitrators may request the nonmoving or responding party to file a written response within 10 days after receipt of that request, and the arbitrators thereupon will reconsider the issues raised by the motion and response (if any) and either confirm or alter their decision, which will then be final, binding and conclusive upon the parties The cost of such motion for reconsideration and written opinion of the arbitrators, including reasonable attorneys fees, will be awarded against the moving party if it does not prevail Upon demand of either party, the arbitration shall include, by consolidation, jdinder or third -party claim, any person or entity substantially involved in a common question of fact or law where the presence of such person or entity is required if complete relief is to be accorded in the arbitration, or who is alleged to be liable to a party for all or part of a claim in the arbitration. The agreement herein among the parties to this Agreement and any other written agreement HWDK10/14/98