Res to approve an Interlocal with WSDOT Park and Ride

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10.4.3 This indemnification and waiver shall survive the termination of this Agreement. 10.5 Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as follows: The STATE and the COUNTY shall each appoint a member to a disputes board; these two members shall select a third board member not affiliated with either Party. The three- member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute. The Parties shall equally share in the cost of the third disputes board member; however, each Party shall be responsible for its own costs and fees. 10.6 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in Thurston County Superior Court. Further, the Parties agree that each will be solely responsible for payment of their own attorney's fees, witness fees, and costs. 10.7 Audits/Records: All records for the Project in support of all costs incurred shall be maintained by the STATE for a period of not less than six (6) years. The COUNTY shall have full access to and right to examine said records during normal business hours and as often as it deemed necessary. Should the COUNTY require copies of any records, the STATE will provide copies of the records at no cost to the COUNTY. The Parties agree that the work performed herein is subject to audit by either or both Parties and/or their designated representatives, and/or state of Washington and/or the federal government. 10.8 Term of Agreement: Unless otherwise provided herein, the term of this Agreement shall. commence as of the date this Agreement is fully executed and shall continue until the Project is accepted by the COUNTY pursuant to Section 5 or as otherwise provided herein, and all obligations for payment have been met. 10.9 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. Agreement GCB 2170 1-90 Exit 78 Park & Ride Lot Page 8 of 11