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ARTICLE VI
<br />INDEMNIFICATION
<br />6.01 INDEMNIFICATION. Benton shall indemnify Kittitas, its officers, agents, and
<br />employees, from and against any claim, action, judgment, damages, losses and expenses,
<br />arising from Kittitas providing equipment or services under this Agreement; provided, to
<br />the extent the claim, action, judgment, damages, losses and expenses are caused by
<br />intentional acts of or by the concurrent negligence of Kittitas, its officers, agents, or
<br />employees, Benton's indemnification obligation hereunder shall be limited to its
<br />proportionate share of liability as agreed to by the parties to this Agreement or
<br />determined by a court of competent jurisdiction.
<br />Kittitas shall indemnify Benton, its officers, agents, and employees, from and against any
<br />claim, action, judgment, damages, losses and expenses, arising from Benton providing
<br />equipment or services under this Agreement; provided, to the extent the claim, action,
<br />judgment, damages, losses and expenses are caused by intentional acts of or by the
<br />concurrent negligence of Benton, its officers, agents, or employees, Kittitas
<br />indemnification obligation hereunder shall be limited to its proportionate share of liability
<br />as agreed to by the parties to this Agreement or determined by a court of competent
<br />jurisdiction.
<br />ARTICLE VII
<br />DISPUTES
<br />7.01 DISPUTE RESOLUTION; GOVERNING LAW; VENUE. In the event of a dispute
<br />regarding the enforcement, breach or interpretation of this Agreement, the parties shall
<br />first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be
<br />resolved by agreement of the parties, said dispute shall be resolved by arbitration
<br />pursuant to RCW 7 .04A, as amended, with all parties waiving the right of a jury trial
<br />upon de novo review. Venue shall be placed in Benton County, Washington, the laws of
<br />the State of Washington shall apply, and each party shall pay its own attorney fees and
<br />related costs. Arbitration costs incurred mutually, including but not limited to the cost of
<br />an arbitrator, shall be equally shared between the parties.
<br />ARTICLE VIII
<br />TERMINATION
<br />8.01 TERMINATION. Any party hereto may terminate this Agreement upon thirty (30)
<br />days' notice in writing either personally delivered or mailed postage-prepaid by certified
<br />mail, return receipt requested, to the party's last known address for the purposes of giving
<br />notice under this paragraph. If this Agreement is so terminated, the parties shall be liable
<br />INTERLOCAL AGREEMENT BETWEEN
<br />KITTITAS COUNTY AND BENTON COUNTY
<br />FOR GENERAL EQUIPMENT AND SERVICES
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