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• • I <br />VII. Indemnification <br />LTD agrees to indemnify, hold harmless and defend the City, its officia' <br />agents and employees, from and against any and all claims, damages, <br />losses, and expenses including attorney fees, arising in or from -LTD's <br />performance of or failure to perform responsibilities assigned under th• <br />agreement. <br />S, <br />is <br />Likewise, City, agrees to indemnify, hold harmless and defend LTD, its <br />officials, agents and employees, from and against any and all claims, <br />damages, losses, and expenses including attorney fees, arising in or from <br />i <br />City's performance of or failure to perform responsibilities assigned <br />under this agreement. <br />i <br />VIII. Arbitration <br />Unless expressly provided to the contrary, any controversy regarding I <br />} <br />the terms and conditions of this agreement shall be submitted to arbitra- <br />tion. Any party may request arbitration by written notice to the other:; <br />If the parties cannot agree on a single arbitrator within 15 days from <br />the giving of notice, each party shall within five days select a person <br />to represent the party and the two representatives shall immediately <br />select an impartial third party to complete a three-member arbitration <br />panel. The panel shall conduct the arbitration.in accordance with <br />the provisions of ORS chapter 33, or the corresponding provisions of <br />any such future law. The arbitrator(s) shall assess all or part of <br />the cost of the arbitration, including attorney fees, to any or all <br />parti es. <br />CENTRAL BUS TRANSFER FACILITY OWNERSHIP AND MAINTENANCE AGREEMENT--Page 3 of 4 <br />