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4. Indemnification.
<br />4.1. Tukwila shall indemnify and hold harmless Renton and its officers, agents,
<br />employees, and elected officials or any of them from any and all claims, actions, suits, liability,
<br />loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of
<br />any act or omission of Tukwila, its officers, agents, employees and elected officials, or any of
<br />them relating to or arising out of the performance of this Agreement. In the event that any suit
<br />based upon such a claim, action, loss or damage is brought against Renton, Tukwila shall defend
<br />the same at its sole cost and expense, provided that Tukwila retains the right to participate in said
<br />suit if any principle of governmental or public law is involved; and if final judgment be rendered
<br />against Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly
<br />against Renton and Tukwila and their respective officers, agents, employees and elected
<br />officials, or any of them, Tukwila shall satisfy the same.
<br />4.2. Renton shall indemnify and hold harmless Tukwila and its officers, agents,
<br />employees and elected officials, or any of them, from any and all claims, actions, suits, liability,
<br />loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of
<br />any act or omission of Renton, its officers, agents, employees and elected officials, or any of
<br />them, relating to or arising out of the performance of this interlocal agreement. In the event that
<br />any suit based upon such a claim, action, loss or damage is brought against Tukwila, Renton
<br />shall defend the same at its sole cost and expense; provided that Tukwila retains the right to
<br />participate in said suit if any principle of governmental or public law is involved; and if final
<br />judgment be rendered against Tukwila or its officers, agents, employees and elected officials, or
<br />any of them, or jointly against Tukwila and Renton and their respective officers, agents,
<br />employees and elected officials, or any of them, Renton shall satisfy the same.
<br />5. Dispute Resolution. It is the parties' intent to resolve any disputes relating to the
<br />interpretation or application of this Agreement informally through discussions at the staff level
<br />with the respective departments' Directors and Administrators. In the event disputes cannot be
<br />resolved informally at the staff level, resolution shall be sought by each city's City Administrator
<br />within thirty (30) days, and if unsuccessful, then the parties agree to submit the dispute to non-
<br />binding mediation/dispute resolution. The mediation/dispute resolution process shall be
<br />determined via mutual agreement of the parties and the selection of a Mediator must be jointly
<br />agreed upon by the parties. Venue for any action relating to the interpretation or enforcement of
<br />this Agreement shall be solely in King County Superior Court.
<br />6. Independent Contractor. Each party to this Agreement is an independent contractor
<br />with respect to the subject matter herein. Nothing in this Agreement shall make any employee of
<br />Tukwila an employee of Renton, and vice versa, for any purpose, including, but not limited to,
<br />for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW,
<br />or any other rights or privileges accorded to either party's employee by virtue of their
<br />employment. At all times pertinent hereto, employees of Tukwila are acting as Tukwila
<br />employees and employees of Renton are acting as Renton employees.
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