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the Requesting Agency shall fully reimburse the Responding Agency for legitimate invoiced costs within ninety (90) days after its receipt of any such invoice. Any dispute regarding reimbursable costs that is not resolved by agreement of the Requesting and Responding Agencies involved with that particular invoice shall be decided in writing by the authorized representative of the Requesting Agency. The decision of the Requesting Agency shall be final and conclusive unless, within ten (10) days from the date the Responding Agency receives its copy of that decision, the Responding Agency mails or otherwise furnishes a written appeal to the authorized representative of the Requesting Agency. In connection with any such appeal, the Responding Agency shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of the Requesting Agency shall be final subject to appeal to the Cabarrus County Courthouse. 6. All privileges, immunities, rights, duties, and benefits of officers and employees of the Responding Agency shall remain in effect while those officers and employees are performing functions and duties at the request of a Requesting Agency, unless otherwise provided by law. Employees of the Responding Agency shall remain employees of the Responding Agency while performing functions and duties at the request of a Requesting Agency. The Requesting Agency shall indemnify and hold any Responding Agency, and its agents, employees, and /or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of whatsoever kind or nature (hereafter "claims ") brought against any Responding Agency arising out of or incident to the execution, performance, or failure to perform of or under this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of (a) a Requesting Agency, its agents, employees, and /or officers; and (b) a Responding Agency, its agents, employees, and /or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Requesting Agency, its agents, employees, and /or officers; and provided further that nothing herein shall require the Requesting Agency to hold harmless or defend a Responding Agency, its agents, employees, and /or officers, from any claims arising from the sole negligence of a Responding Agency, its agents, employees, and /or officers. This Agreement shall be effective upon approval by two or more Signatory Agencies and shall remain in effect so long as two or more Signatory Agencies remain consenting parties to this Agreement. 9. Upon execution of this Agreement, a Signatory Agency shall send an original or a certified copy of the executed agreement to the North Carolina Department of Transportation, Public Transportation Division. 10. Any Signatory Agency to this Agreement may cancel its participation in this Agreement by giving written notice to the Signatory Agencies listed in this Agreement. 11. This Agreement is supplemental to, and not a substitute for, pre - existing mutual aid agreements and is not intended to restrict the right of any Signatory Agency to negotiate additional mutual aid agreements with a Signatory Agency or others. 12. This Agreement is for the benefit of the Signatory Agencies only and no other person or entity shall have any rights whatsoever under this Agreement as a third party beneficiary, or otherwise. 04/25/16 PDFConvert. 1073 5. 1. Section 6_- _Security Attachme16umber 5 \n F -9 Page 303