20-040 - City of Kent - Interlocal Agreement: South 196th-200th Street Bridge

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General Liability: $5 million per occurrence; and Property Damage: $5 million per occurrence; and Errors and Omissions: $5 million per occurrence. The coverage shall be "occurrence based" rather than "claims made." In the alternative, each Party may satisfy the requirements of this section by becoming or remaining a participant in an authorized self-insurance pool in the State of Washington with protection equal to or greater than that specified herein. 2.9 Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by either Kent or Tukwila for up to three years after termination of this Agreement. 2.10 Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the Parties are unable to settle a dispute, difference or claim arising from the Parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the Parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the Parties' performance of this Agreement, each Party shall be responsible for its own legal costs and attorney's fees associated with defending or instituting such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit either Party's right to indemnification under Section 2.7 of this Agreement. 2.11 Written Notice. All communications regarding this Agreement shall be sent to the Parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 2.12. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of Kent and Tukwila. 2.13 Entire Agreement. The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the Parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. 2.14 Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated. INTERLOCAL AGREEMENT REGARDING MAINTENANCE OF SOUTH 200TH STREET BRIDGE - 6 of 7 (Between Cities of Kent and Tukwila)