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10. Modification. This Agreement may be modified only by written agreement of the Parties. <br />Additionally, this Agreement may be amended if additional funds for the study become available <br />from either Party or one of the cities named in the Proviso. <br />11. Disputes. Disputes arising under this Agreement shall be resolved by a panel consisting of one <br />representative from SeaTac, one representative from Commerce, and a mutually agreed upon third <br />party. The dispute panel shall thereafter decide the resolution of the dispute with the majority <br />prevailing. <br />12. Written Notice. All communications regarding this Agreement shall be sent to the parties at the <br />email addresses listed in Paragraph 5 of this Agreement, unless notified to the contrary. Any <br />written notice hereunder shall become effective three (3) business days after the date of transmittal, <br />and shall be deemed sufficiently given if sent to the addressee at the email address stated in this <br />Agreement or such other address as may be hereafter specified in writing. <br />13. No Indemnification. Each Party to this Agreement shall be solely responsible for its own acts <br />and/or omissions and those of its officers, employees and agents. No Party to this Agreement shall <br />be responsible for the acts and/or omissions of entities or individuals not a party to this agreement. <br />Subcontracts, if any, shall include a comprehensive indemnification clause holding harmless the <br />Parties, the state of Washington, and their officers, employees and authorized agents. The <br />provisions in this section shall survive the termination of this Agreement. <br />14. Non -Discrimination. The Parties shall not discriminate on the basis of race, color, national origin, <br />sex, sexual orientation, religion, age, marital status, or any other basis protected under state or <br />federal law as it relates to each Party's performance and obligations under this Agreement. <br />15. Venue. This Agreement shall be deemed to be made in Thurston County, State of Washington, <br />and the legal rights and obligations of the Parties shall be determined in accordance with the laws <br />of the State of Washington. All legal actions in connection with this Agreement shall be brought <br />in the Superior Court situated in Thurston County, State of Washington, and each Party shall be <br />liable for its own attorneys' fees and costs. <br />16. Severability. If any provision of the Agreement shall be held invalid, the remainder of this <br />Agreement shall not be affected thereby if such remainder would then continue to serve the <br />purposes and objectives of both Parties. <br />17. Entire Agreement. This Agreement constitutes the entire agreement between the Parties. <br />City of SeaTac/Dept. of Commerce (07/2018) <br />Page 3 of 4 <br />42 <br />