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provisions provided herein shall be valid and enforceable only to the extent of the negligence of <br />each Party,its employees and/or authorized agents. <br />6.2 The terms of this Section shall survive termination of this Agreement. <br />7.DISPUTE RESOLUTION <br />7.1 The Parties shall work collaboratively to resolve disputes and issues arising out of,or <br />related to,this Agreement.Disagreements shall be resolved promptly and at the lowest level of <br />hierarchy.To this end,following the dispute resolution process shown below shall be a <br />prerequisite to the filing of litigation concerning any dispute between the Parties: <br />A.The representatives designated in this Agreement shall use their best effods to <br />resolve disputes and issues arising out of or related to this Agreement.The <br />representatives shall communicate regularly to discuss the status of the tasks to be <br />performed hereunder and to resolve any disputes or issues related to the successful <br />performance of this Agreement.The representatives shall cooperate in providing staff <br />support to facilitate the pedormance of this Agreement and the resolution of any <br />disputes or issues arising during the term of this Agreement. <br />B.A Party's representative shall notify the other Party in writing of any díspute or <br />issue that the representative believes may require formal resolution according to Section <br />7.1D.The representatives shall meet within five (5)working days of receiving the written <br />notice and attempt to resolve the dispute. <br />C.In the event the representatives cannot resolve the dispute or issue,the LOCAL <br />AGENCY,and WSDOT's Region Administrator,or their respective designees,shall meet <br />and engage in good faith negotiations to resolve the dispute. <br />D.In the event the LOCAL AGENCY and WSDOT's Region Administrator,or their <br />respective designees,cannot resolve the dispute or issue,the LOCAL AGENCY and <br />WSDOT shall each appoint a member to a Dispute Board.These two members sha11 <br />then select a third member not affiliated with either Party.The three-member board shall <br />conduct a dispute resolution hearing that shall be informal and unrecorded.All <br />expenses for the third member of the Dispute Board shall be shared equally by both <br />Parties;however,each Party shall be responsible for its own costs and fees. <br />8.VENUE AND ATTORNEYS FEES <br />8.1 In the event that either Party deems it necessary to institute legal action or proceedings <br />to enforce any right or obligation under this Agreement,the Parties agree that any action or <br />proceeding shall be brought in a court of competent jurisdiction situated in Thurston County, <br />Washington.Further,the Parties agree that each shall be solely responsible for payment of its <br />own attorney's fees,witness fees,and costs. <br />9.RIGHT OF ENTRY <br />9.1 The LOCAL AGENCY hereby grants to the WSDOT a right of entry upon all land in <br />which the LOCAL AGENCY has interest,within or adjacent to the right of way of the bridge to <br />be inspected for the purpose of accomplishing the work described in this Agreement.Such right <br />WSDOT Agreement #GCB XXXX Page 4 of 5