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7.02 Maintenance and Audit of Records Each county shall maintain books, records, <br />documents and other materials relevant to its performance under this Agreement. <br />These records shall be subject to inspection, review and audit by either county or its <br />designee and the Washington State Auditor's Office. Each party shall retain such <br />books, records, documents and other materials as required by Washington law. <br />7.03 Improper Influence Each county agrees, warrants and represents that it did not <br />and will not employ, retain, or contract with any person or entity on a contingent <br />compensation basis for the purpose of seeking obtaining, maintaining or extending this <br />Agreement. <br />ARTICLE VIII <br />DISPUTES <br />8.01 Time Time is of the essence of this Agreement. <br />8.02 Waiver Limited A waiver of any term or condition of this Agreement must be in <br />writing and signed by the waiving party. Any written waiver of a term or condition of this <br />Agreement shall apply only to the specific act, occurrence or omission and shall not <br />constitute a waiver as to any other term or condition or future act, occurrence or <br />omission. <br />8.03 Dispute Resolution In the event a dispute of a dispute between the parties to this <br />agreement, the parties agree to engage in good faith mediation to be presided over by a <br />mutually agreed upon mediator. If the parties cannot mutually agree on a mediator, then <br />the Chelan County Superior Court shall appoint a neutral mediator. The parties agree to <br />share equally in the costs of the mediation and cooperate fully in the effort to schedule a <br />mediation session within 30 days of a written request from one party to the other to do <br />so. In the event that mediation is unsuccessful, then either party shall have the right to <br />seek resolution in the Chelan County Superior Court, in which event, any and all <br />mediation proceedings shall become confidential pursuant to ER 408 and not disclosed <br />in court. Additionally, the mediator shall not be a witness in any court proceedings. <br />