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ARTICLE VIII <br />ALLOCATION AND MAINTENANCE OF FUNDS -All funds granted to the Consortium <br />under WIOA or any other legislation shall be allocated and expended among participating <br />Counties for programs and services for which they are intended according to State and <br />Federal formulae, approved plans, grants, and all pertinent laws and regulations. <br />It is anticipated that most grant funds will be held by and implemented through the SCWDC <br />or other designated entity. However, pursuant to RCW 39.34.030 (4)(b), should grant or <br />other funds be required to be held by the Consortium itself, those funds shall be held in a <br />separate "Operating Fund of the South Central Consortium" to be held on the Consortium's <br />behalf by the County Treasurer of one of the four counties designated by the Consortium. <br />ARTICLE IX <br />LIABILITY <br />a) Prior Liability <br />b) <br />The parties to this Consortium Agreement agree that each party shall individually <br />meet and assure all prior obligations and liabilities arising out of the operation of <br />programs funded under WIOA prior to July 1,2014, and to hold harmless all other <br />parties from any such prior liability. <br />Each party to this agreement is responsible for the operation of this Consortium to <br />provide services under WIOA and the Regulations enacted thereto. The parties shall <br />be jointly and severally liable for debts, liabilities, defense of lawsuits, judgments, <br />and obligations incurred by the Consortium which arise under this agreement, WIOA <br />and federal and state regulations, and with respect to the grants, contracts, or <br />agreements administered thereto. As between the parties, each county shall be liable <br />for a share of the Consortium's liabilities proportionate to the population figures set <br />forth in Article Ill. <br />c) H Id Harmless <br />Each party to this agreement agrees to indemnify and hold harmless all other parties <br />to this agreement, their officers, agents, and employees for any claim, action, <br />judgment, or lien for bodily injury or property damage occasioned by or arising out of <br />the performance of this agreement when the bodily injury or property damage is <br />occasioned by the sole negligence of the indemnifying party, its officers, agents, or <br />employees. <br />7