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Each party designated the following as its representatives for purposes of <br /> administering this contract: <br /> City: District: Bill Hirsh <br /> Director of Facilities <br /> School District 4J <br /> 200 North Monroe Street <br /> Eugene, Oregon 97402 <br /> Section 14 Indemnification <br /> To the extent legally possible, District and City shall indemnify and hold the <br /> other, its officers, agents and employees, harmless from and against any and all claims, <br /> actions, liabilities, costs, including costs of defense, arising out of or in any way related <br /> to any act or failure to act by the other party and its employees, agents, officers and <br /> contractors in connection with this contract. <br /> Section 15 Insurance <br /> City and District, at their sole expense shall maintain all risk property and public <br /> liability insurance policies on the prospective properties included in this agreement. The <br /> initial limits of liability required will be $2,000,000 for each occurrence and $2,000,000 <br /> in the aggregate for the liability coverages and all property upon completion of <br /> construction shall be written on replacement cost basis. City and District both agree that <br /> either party is authorized to carry deductibles or self - insurance on any or all lines of <br /> coverage up to $750,000 for each occurrence. <br /> Section 16 Mediation and Arbitration <br /> 16.1 Dispute Resolution. City and District shall attempt to resolve all <br /> disputes through partnering at the lowest possible level. Both parties to this Agreement <br /> agree to provide other resources and personnel to negotiate and find resolution to <br /> disputes that cannot be resolved at the staff level. As a next step, claims, disputes or <br /> other matters in question between the parties to this Agreement arising out of or relating <br /> to this Agreement, or breach thereof shall be determined by mediation, arbitration, or <br /> litigation. Disputes shall be initially submitted to mediation by a mediator chosen by the <br /> parties. The cost of mediation shall be borne equally by the parties. If the parties are <br /> unable to agree upon a mediator within 5 days or if mediation fails to resolve the dispute <br /> and if either party wants to further pursue the dispute, either party may request that the <br /> dispute be submitted to arbitration before a single arbitrator agreed to by the parties. If <br /> 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 <br /> a majority of the arbitratorrhall be final, binding the parties, and any judgement may be �---� <br /> entered thereon. Unless the parties mutually agree otherwise, any arbitration proceeding <br /> shall be conducted in accordance with the currently in effect Arbitration Rules of the <br /> American Arbitration Association pursuant to ORS 190.720. Notwithstanding the <br /> Draft Intergovernmental Agreement: Joint Use And Development of Youth Sports Parks and Athletic Fields <br /> September 10, 1999 <br /> Page7of 10 <br />