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City: District: Bill Hirsh <br /> Director of Facilities <br /> School District 4J <br /> 200 North Monroe Street <br /> Eugene, Oregon 97402 <br /> Either party may change its representative by providing the other party written notice of the new <br /> representative's ,name and address. <br /> Section 14. Indemnification <br /> To the extent legally possible, District and City each shall indemnify and hold the other, <br /> its officers, agents and employees, harmless from and against any and all claims, actions, <br /> liabilities, costs, including costs of defense, arising out of or in any way related to any act or <br /> failure to act by the [other] first party and its employees, agents, officers and contractors in <br /> connection with this contract. <br /> Section 15. Insurance <br /> City and District, at their sole expense shall maintain all risk property and public liability <br /> insurance policies on the prospective properties included in this agreement. The initial limits of <br /> liability required will be $2,000,000 for each occurrence and $2,000,000 in the aggregate for the <br /> liability coverages and all property upon completion of construction shall be written on <br /> replacement cost basis. City and District both agree that either party is authorized to carry <br /> deductibles or self - insurance on any or all lines of coverage up to $750,000 for each occurrence. <br /> Section 16. ] Dispute Resolution <br /> [1671-Dispute-Resolution.] City and District shall attempt to resolve all disputes through <br /> [partnering] staff discussions at the lowest possible level. Both parties to this Agreement agree <br /> to provide other resources and personnel to negotiate and find resolution to disputes that cannot <br /> be resolved at the staff level. As a next step, claims, disputes or other matters in question between <br /> the parties to this Agreement arising out of or relating to this Agreement, or breach thereof shall <br /> be determined by mediation, arbitration, or litigation. Disputes shall be initially submitted to <br /> mediation by a mediator chosen by the parties. The cost of mediation shall be borne equally by <br /> the parties. If the parties are unable to agree upon a mediator within 5 days or if mediation fails <br /> to resolve the dispute and if either party wants to further pursue the dispute, either party may <br /> request that the dispute be submitted to arbitration before a single arbitrator agreed to by the <br /> parties. If both parties agree to arbitration but are unable to agree upon an arbitrator, each party <br /> shall select an arbitrator, the arbitrators so chosen shall select a third, and the decision of a <br /> majority of the arbitrators 'shall be final, binding the parties, and [any] judg[e]ment may be entered <br /> thereon. Unless the parties mutually agree otherwise, any arbitration proceeding shall be <br /> Draft Intergovernmental Agreement: Joint Use And Development of Youth Sports Parks and Athletic Fields <br /> November 19, 1999 <br /> Page 8 of 10 <br />