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KITIITAS COUNTY expressly agrees to indemnify and hold harmless YAKIMA <br />COUNTY and all of its officers, agents or employees from any and all liability, <br />loss or damages, including costs of defense, that it may suffer as a result of <br />claims, demands, actions or damages to any and all persons or property, costs <br />or judgments which result from, arise out of or are in any way connected with <br />the contracted activities to be performed by YAKIMA COUNTY except for those <br />negligent or intentional acts of YAKIMA COUNTY officers, agents, etc., which <br />are not in the control of KITIITAS COUNTY. <br />YAKIMA COUNTY expressly agrees to indemnify and hold harmless KITTITAS <br />COUNTY and all of its officers, agents, volunteers or employees from any and <br />all liability, loss or damages, including costs of defense, that it may suffer as a <br />result of claims, demands, actions or damages to any and all persons or <br />property, costs or judgments which result from, arise out of or are in any way <br />connected with the contracted activities to be performed by KITIITAS COUNTY <br />except for those negligent or intentional acts of KITTITAS COUNTY officers, <br />agents, etc. which are not in the control of YAKIMA COUNTY. <br />In the event of liability for damages of any nature whatsoever arising out of the <br />performance of this Agreement by KITTITAS COUNTY and YAKIMA COUNTY, <br />including claims by KITIITAS COUNTY'S or YAKIMA COUNTY'S own officers, <br />agents, volunteers or employees, caused by or resulting from the concurrent <br />negligence of KITIITAS COUNTY and YAKIMA COUNTY, their officers, officials, <br />employees and volunteers, each party's liability hereunder shall only be to the <br />extent of that party's negligence. <br />YAKIMA COUNTY is not responsible for a juvenile's property that is lost before <br />the juvenile arrives at the YAKIMA COUNTY Juvenile Detention Facility. <br />No liability shall be attached to KITTITAS COUNTY or YAKIMA COUNTY by <br />reason of entering into this Agreement except as expressly provided herein. <br />M. MISCELLANEOUS <br />1. FILING. Pursuant to RCW 39.34.040, This Agreement shall be posted on <br />the KITIITAS COUNTY website <br />2. ASSIGNMENT. Neither party may assign its rights or delegate its duties <br />under this Agreement, whether by assignment, further, subcontract or <br />other means. Any such attempted assignment or delegation shall be void <br />and shall constitute a material breach of this Agreement. <br />3. SEVERABILITY. In the event any term or condition of this Agreement or <br />application thereof to any person or circumstances is held invalid, such <br />invalidity shall not affect other terms, conditions or applications of this <br />Agreement, which can be given effect without the invalid term, condition, or <br />application. To this end the terms and conditions of this Agreement are <br />declared severable. <br />4. ENTIRE AGREEMENT. This Agreement contains all the terms and <br />conditions agreed upon by the parties. All items incorporated herein by <br />Page 4 of7