99-113 - Highline Water District - Emergency Sale of Water

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9 INTERRUPTION OF DELIVERY/UTILIZATION OF SERVICE 9 1 If there is a major area -wide catastrophic event which affects the emergency needs for both entities, they will operate the intertie to best protect the public safety and welfare of all citizens If the performance by either party is prevented or delayed by any of the following, such party shall have a reasonable period of time after each such event to begin performance under this Agreement. 9 1 1 Acts of God, fire storms, earthquake or similar cataclysmic occurrence, or 9 1.2 Orders by regulatory bodies or courts, or 9 1 3 Unanticipated system supply upsets and equipment malfunctions beyond the reasonable control of HWD or the City 10 APPROVAL THROUGH SEATTLE PUBLIC UTILITIES 10 1 This AGREEMENT is contingent upon written approval by the Seattle Public Utilities. This Agreement will expire upon expiration of the current Water Purvey Contract between the City or HWD and Seattle Public Utilities (formerly Seattle Water Department) and shall be subject to any amendments made to such Water Purveyor Contract. 11 DISPUTES 11 1 Each party shall negotiate in good faith and use its best efforts to resolve any dispute which may develop hereunder If a dispute cannot be resolved by the project representatives of each party it shall be referred for further negotiation to the Highline Water District Manager and the City of Tukwila Public Works Director Only upon failure to resolve the dispute through such negotiations may either party institute legal action. Venue for any such legal action shall be in King County Washington.