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1. The parties shall make efforts to work with their respective risk pools to <br />retain joint legal counsel to collectively represent and defend the members in any legal action. If <br />joint counsel is retained, the parties shall share equally the costs of such representation or <br />defense. Should a party be dismissed from the litigation, their contribution will cease, and from <br />that point forward, any additional costs shall then be the responsibility of the party remaining in <br />litigation. <br />2. In the event a party does not agree to joint representation, or there is a <br />conflict with their employee necessitating separate representation, that party shall be solely <br />responsible for all defense attorney's fees accrued by its individual representation or: defense. <br />3. The parties and their respective defense counsel shall make a good faith <br />attempt to cooperate with the other party by, including but not limited to, providing all <br />documentation requested, and making KCRTRT members available for depositions, discovery, <br />settlement conferences, strategy meetings, and trial. <br />F. Defense Waiver. This section shall not be interpreted to waive any defense <br />arising out of RCW Title 51. <br />G. Insurance. Each party shall maintain general liability coverage at all times, and <br />such liability coverage documents shall be made available to the other party on an annual basis. <br />Each party may choose to share the other party's coverage documents with their insurance carrier <br />or risk pool. The failure of any insurance carrier or self -insured pooling organization to agree to <br />or follow the terms of this section shall not relieve any individual party from its obligations <br />under this Agreement. <br />XI. NOTIFICATION OF CLAIMS AND LAWSUITS. <br />A. Any party receiving a claim or lawsuit related to KCRTRT shall notify and <br />provide documentation of the claim or lawsuit to the other party within 7 business days of <br />receipt. Nothing in this Agreement shall be deemed a waiver by any party of the requirements set <br />forth in Chapter 4.96 RCW, including but not limited to the fact that a party provides notice or <br />copies of a claim to another party. Moreover, nothing in this Agreement shall be deemed <br />acceptance of a lawsuit, and the fact that a party provides notice or copies of a lawsuit to another <br />party shall not be deemed adequate service of such lawsuit in accordance with the State or <br />Federal Rules of Civil Procedure or the Revised Code of Washington. <br />B. For the purposes of implementing this Section of this Agreement, each party will <br />be responsible for making any required notification or providing required documentation to the <br />appropriate legal counsel and government officials or departments within their agency. <br />XH. MEDIA RELATIONS. No statements will be made by any member of the KCRTRT to <br />the press when a claim has been presented to any members of the KCRTRT, except through <br />defense counsel. <br />Page 6 of 9 <br />