12-069 - Kent Regional Fire Authority - Joint Training Program

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respondent's version of the dispute and a proposed resolution. The Parties shall meet within ten (10) business days following respondent's answer to determine whether the dispute can be resolved amicably. If the dispute is amicably resolved, the Parties shall sign a memorandum of understanding with regards thereto. (3) Step Three Mediation. If the Parties are unable to resolve their differences at Step Two, the Parties will endeavor to settle the dispute by mediation under the mediation rules of the Judicial Arbitration and Mediation Service of Seattle, Washington. Such mediation will be non binding but a condition precedent to having the dispute resolved pursuant to Arbitration, below. Mediation shall commence, unless otherwise agreed, within thirty (30) days of a Party's written request to the other Party for mediation of a dispute. Any resolution of the dispute at this stage shall be reduced to writing and, if the resolution involves an interpretation of the Agreement herein, the Agreement herein shall be amended to include the interpretation. (4) Sten Four Arbitration. If the Parties are unable to resolve their differences at Step Three, the dispute will be resolved by arbitration. A written notice requesting arbitration must be delivered to the other Parties. The Parties will select an arbitrator by mutual agreement. If the parties cannot agree on an arbitrator within 10 working days after the arbitration request notice has been received, then the dispute will be referred to Judicial Arbitration and Mediation Services, Inc. of Seattle, Washington, and an arbitrator will be selected either by mutual agreement of the Parties or, failing that, by the appointment by each Party of a non interested representative who shall jointly choose an arbitrator. Section 10. Modification. This Agreement may be amended or terminated only upon consent of both Parties hereto. Any amendment or termination shall be in writing and signed by the parties. Section 11. Non Waiver. The waiver by any Party of any breach of any term, covenant, or condition of this Agreement shall not be deemed a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition of this Agreement. Section 12. Impairment of Rights. Nothing in this agreement shall impair a Party's right to seek injunctive relief from the Court if immediate and irreparable injury, loss or damage to any rights arising from this Agreement will occur before Arbitration can be conducted. Section 13. Record Keeping. The records and documents with respect to all matters covered by this Agreement shall be subject to audit by the Parties during the term of this Agreement and three (3) years after termination or such other longer period as may be required by applicable law. INTERLOCAL AGREEMENT Page 4 of 6