Amendment - Laserfiche WebLink

Home Browse Search

representative of the other, or create a partnership or joint venture between the Parties, and neither Party shall have the power to obligate the other in any manner whatsoever, except as expressly provided herein. It is further expressly agreed that except with respect to the obligations specifically set forth in this Agreement, Client neither has nor may exercise any control over the professional medical judgment or methods used by Clinic in the performance of the Services. 13. ARBITRATION. Should a dispute arise between the Parties as to the interpretation or meaning with regard to the Services provided pursuant to this Agreement, the dispute shall be resolved by binding arbitration. Either Party may, by written notice to the other Party at any time after an impasse has been reached with regard to any dispute as to Services, appoint an arbitrator. tf the other Party is not satisfied with the choice of arbitrator, then such Party may, by written notice, within 15 business days after receipt of such notice by the first Party, appoint an additional arbitrator. In default of such additional appointment of arbitrator by the other party, the first arbitrator appointed shall be the sole arbitrator. When two or more arbitrators have been appointed as provided above, they shall, if possible, agree upon an additional arbitrator as necessary to avoid a deadlock, by written notice signed by each of the appointed arbitrators and a copy mailed to each Party. Within 30 days after the appointment of the arbitrator(s), the Parties shall submit all facts in written or oral form, and under the procedure prescribed by the arbitrator(s). Thereafter, the arbitrator(s) shall have 30 days in which to reach a decision upon the matter presented. The decision of the arbitrator(s) shall be binding upon both parties and shall be the conclusive, final determination, Each Party shall bear its own cost of arbitration, including attorney's fees and fees for the arbitrator appointed by such Party and a proportionate share of the fees of any arbitrator appointed by the arbitrators to avoid a deadlock. If only one arbitrator is appointed, the Parties shall share the cost of such arbitrator. The provisions of this section shall not be applicable in the event Clinic seeks to legally enforce payments due under this Agreement. In the event Client defaults with respect to payment of compensation due under this Agreement, Clinic shall have every right to pursue legal remedies for collection in a court of law in Kittitas County, Washington, without first having to resort to arbitration. In the event such legal action is necessary with respect to collection, the prevailing Party in such action shall be entitled to recover from the other all reasonable attorney's fees, costs and expenses. 14. TNpEMNTFICATTON. l4.l Client shall be responsible for the negligent acts or omissions of itself, its employees, directors, trustees, consultants, and agents within the scope of their duties and agrees to indemniff and hold harmless and defend Clinic, its directors, officers, employees, volunteers, and agents from and against claims, suits, damages, fines, penalties, liabilities and expenses (including reasonable attorney's fees and court costs) resulting from or 6