Laserfiche WebLink
City of Tukwila My WebLink |HelpSearch Tips |About |Sign Out
=\ <br />r,Rr Washington State Transportation Improvement Board <br />V Fuel Tax Grant Agreement <br />12.0 INDEPENDENT CAPACITY <br />8-1-116(013)-1 <br />The RECIPIENT shall be deemed an independent contractor for all purposes and the <br />employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof <br />shall not in any manner be deemed employees of TIB. <br />13.0 INDEMNIFICATION AND HOLD HARMLESS <br />The PARTIES agree to the following: <br />Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its <br />officers, officials, employees, and agents, while acting within the scope of their employment as <br />such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in <br />any way resulting from, that PARTY's own negligent acts or omissions which may arise in <br />connection with its performance under this Agreement. No PARTY will be required to <br />indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, <br />death, or damages is caused by the sole negligence of the other PARTY. Where such claims, <br />suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions <br />provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. <br />Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, <br />demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For <br />this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the <br />other PARTY only, any immunity that would otherwise be available to it against such claims <br />under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions <br />of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees <br />and costs incurred from the other PARTY. The obligations of this Section shall survive <br />termination of this Agreement. <br />14.0 DISPUTE RESOLUTION <br />a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any <br />dispute arising under or in connection with this AGREEMENT. The dispute resolution <br />process outlined in this Section applies to disputes arising under or in connection with <br />the terms of this AGREEMENT. <br />b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes <br />promptly and at the lowest organizational level. <br />c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall <br />submit the matter to non-binding mediation facilitated by a mutually agreed upon <br />mediator. The PARTIES shall share equally in the cost of the mediator. <br />d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute <br />in order to avoid delays or additional incurred cost to the Project. <br />e) The PARTIES agree that they shall have no right to seek relief in a court of law until and <br />unless the Dispute Resolution process has been exhausted. <br />Fuel Tax Agreement Page 4 of 5 November 2012 <br />38 <br />