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XIII. Indemnification <br />A. The County shall defend, indemnify, and hold harmless the City, its agents, <br />employees and officers from any and all liability arising out of the performance of <br />this agreement, whether by act or omission of the County, its agents, employees or <br />officers. Such liability shall include but not be limited to, intentional acts, negligence, <br />and violations of prisoner's constitutional rights. <br />B. The City shall defend, indemnify and hold harmless the County, its agents, employees <br />and officers from any and all liability arising out of the performance of this <br />agreement, whether by act or omission of the City, its agents, employees, or officers. <br />Such liability shall include, but is not limited to, false arrest and false imprisonment. <br />C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to <br />injuries, sickness, death or damage caused by or resulting from the sole willful <br />misconduct or negligence of the other Party, it agents, officers, employees or sub- <br />consultants. <br />D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, <br />death or damage caused by or resulting from the concurrent negligence or willful <br />misconduct of the Parties or of the Parties and a third party other than an officer, <br />agent or employee of the Parties, shall apply only to the extent of the negligence or <br />willful misconduct of each Party. <br />XIV. Entire Contract <br />This agreement represents the entire understanding of the parties and supersedes any <br />oral representations that are inconsistent with or modify its terms and conditions. <br />XV. Modification <br />This agreement may be modified and amended only in writing and signed by the parties <br />hereto. <br />XVI. Independent Contractor <br />In providing services under this Interlocal Agreement, Kittitas County is an independent <br />contractor and neither it nor its officers, agents or employees are employees of the City <br />for any purpose, including but not limited to, responsibility for any federal or state tax, <br />industrial insurance or Social Security liability. Neither shall the provision of services <br />under this Interlocal Agreement give rise to any claim of career service or civil service <br />rights, which may accrue to an employee of the City under any applicable law, rule or <br />regulation. <br />Interlocal Agreement for Housing of Inmates <br />Page 8 of10 <br />RECEIVED <br />KITTITAS COUNT Y SHERIFF <br />ACCOUU TlN G