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B. Non Availability of Funds. i he obligation of the RCO to make payments Is contingent an the availability of state and federal
<br />funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are
<br />not appropriated to RCO for expenditure for this Agreement in any biennia., fiscal period, RCO shall not be obligated to pay any
<br />remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial
<br />Management occurs. If RCO participation Is suspended under this section for a continuous period of one year. RCO's obligation
<br />to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject
<br />to appeal by the sponsor.
<br />C. For Convenlarmre_ Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the
<br />second day after the mailing, terminate thisAgreement, in whole or in part. If this Agreement is so terminated, RCO shalt be ."cable
<br />only for payment required underthe terms of this Agreement for services rendered or goods delivered prior to the effective date of
<br />termination.
<br />SECTION M DISPUTE HEARING
<br />Except as may otherwise be provided in this Agreement, wirerâ–º a dispute arises between the sponsor and the RCO, which cannot be
<br />resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a
<br />dispute hearing must be In writing and dearly state:
<br />A. The disputed issues:
<br />B. The relative positions of the Parties,
<br />C. The sponsor's name, address, project title, and the assigned project number.
<br />In order for this section to apply to the resolution of any spectfic dispute or disputes, the other party must agree in writing that the
<br />procedure under this section Shap be used to resolve those specific issues. The dispute shall be heard by a panel of three persons
<br />consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons
<br />initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the director.
<br />Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the
<br />nature and complexity of the Issues Involved. The process may be solely based on written material if the Parties so agree. The
<br />disputes panel shall be governed by the provisions of this Agreement in dedding the disputes.
<br />The Parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the
<br />authority of an affected Party to perfarm, as necessary, or is otherwise unlawful -
<br />Request for a disputes hearing under this sedan by either party shag be delivered or mailed to the other party. The request shall be
<br />delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other
<br />party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shag be
<br />delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request.
<br />All costs associated with the implementation of this process shall be shared equally by the Parties_
<br />SECTION Eta. ATTORNEYS' FEES
<br />In the event of Litigation or other anion brought to enforce contract farms, each party agrees to beer its own attorney fees and casts.
<br />SECTION 37. GOVERNING LAWIVEHUE
<br />This Agreement shall be construed and interpreted In accordance with the laws of the Stale of ftshington. In the event of a lawsuit
<br />InvoMng this Agreement, venue shall be in Thurston County Superior Court if legally proper, otherwise, venue shall be in a cwunly
<br />where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
<br />Washington.
<br />SECTION SII. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN[ TRIBE IS THE SPONSOR
<br />In the cases where this Agreement is between the RCO (State) and a federally recognized Indian Tribe, the following governing
<br />lowlvenue applies, but only between those Parties:
<br />A. Notwithstanding the above venue provision, iFthe State of Washington intends to Initiate a lawsuit against a federally recognized
<br />Indian tribe relating to the perfonmance, breach or enforcement of this Agreement, it shall so notify tha Tribe. If the Tribe believes
<br />that a good falth basis enlists for subject matter jurisdiction of such a lawsuit fn federal court, the Tobe shall so notify the State
<br />within five days of receipt of such notice and state the basis for such jurisdiction, If the Tribe so notifies the State, the State shall
<br />bring such lawsuit in federal court, otherwise the State may sue the Tribe In the Thurston County Superior Court Interpretation of
<br />the Agreement shall be according to applicable State law, except to the extent preempted by federal law. In the event suit is
<br />brought In federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between
<br />the State and Tribal Party, then the Parties agree to venue in Thurston County Superior Court
<br />B. Any judicial award, determination, order, decree or other relief, whether in law or equity ar otherwise, resulting from such a
<br />lawsuit shall be binding and enforceable on the Parties. Any money judgment or Rward against a Tribe, tribal officers, employees,
<br />and members, or the State of Washington and its officers and employees may exceed the amount provided for In Serton F_
<br />Project Fund Ing Amount of the Agreement in order to satisfy the judg merit
<br />RCO 16-1960C
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