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<br />.... ... <br />v...... <br /> <br />Page 4 <br /> <br />unsuccessful Party will pay the reasonable expenses of litigation of the successful Party. <br /> <br />11. Mediation. <br /> <br />Should any dispute arise out of this Agreement, the Parties shall meet in mediation <br /> <br />and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither <br /> <br />Party shall be pefTl:litted to file legal action without first meeting in mediation and making a good <br /> <br />faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid <br /> <br />equally by the Parties. If a mediated settlement is reached, neither Party shall be deemed the <br /> <br />prevailing party for purposes of the settlement, and each Party shall bear its own legal costs. <br /> <br />12. Entire Aareement <br /> <br />This Agreement, including Exhibit A, comprises the entire Agreement. <br /> <br />13. Indemnity. <br /> <br />RWC shall defend, indemnify and hold EPA and its officers and employees harmless <br /> <br />from any and all claims and liabilities related to or as a result of RWC's perfonnance of this <br /> <br />Agreement, to the extent they are caused by RWC's negligent acts, or willful wrongful acts. <br /> <br />14. Insurance. <br /> <br />RWC shall not commence work under this Agreement until all insurance required <br /> <br />under this paragraph has been obtained. Upon request, RWC shall furnish EPA with certificates of <br /> <br />insurance evidencing the required coverage. <br /> <br />A. Workers' Compensation and Employers' Liability Insurance. <br /> <br />RWC shall have in effect during the entire life of this Agreement <br /> <br />Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In <br /> <br />signing this Agreement, RWC makes the following certification, required by Section 1861 of the <br /> <br />California labor Code: <br />I am aware of the provisions of Section 37900 of the California labor <br />Code which require every employer to be insured against liability for <br />workers' compensation or to undertake self-insurance in accordance <br />with the provisions of the Code, and I will comply with such provisions <br />before commencing the performance of the work of this Agreement. <br /> <br />3 <br />