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This mutual duty to indemnify for liability for damages arising out of bodily <br />injury to persons or damages to property caused by or resulting from the <br />concurrent negligence of either the County's or the District's agents or <br />employees, subcontractors and suppliers, shall apply only to the extent of <br />negligence of the damages caused by or resulting from the concurrent negligence <br />of the County's or the District's agents, employees, subcontractors and suppliers. <br />The County and the District specifically and expressly waive any immunity that <br />may be granted under the Washington State Industrial Act, Title 51 RCW. <br />Further, the indemnification obligation under this Contract shall not be limited in <br />any way by any limitation on the amount of type of damages, compensation, <br />benefits payable to or by any third party under Worker's Compensation Acts, <br />Disability Benefits Acts, or other employee benefit acts. <br />This mutual duty to defend, indemnify, and hold harmless shall include all related <br />costs, reasonable attorney fees, court costs and related expenses asserted against <br />or incurred by either party, or their officers, agents and employees. <br />The parties hereby certify that these indemnification provisions were mutually <br />negotiated and agreed to by the parties. <br />10. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS. <br />a. This Agreement may be changed, modified, amended or waived only by <br />written agreement signed by the parties and adopted by the Kittitas County <br />Board of Commissioners and the District. <br />b. Any waiver of a term or condition of this Agreement shall apply only to the <br />specific act, occurrence or omission and shall not constitute a waiver as to any <br />other term or condition or future act, occurrence or omission. <br />c. Waiver or breach of any term or condition of this Agreement shall not be <br />considered a waiver of any prior or subsequent breach. <br />11. INTERPRETATION. This Agreement has been submitted to the review of all <br />parties and their counsel, if desired, and it shall be given a fair and reasonable <br />interpretation in accord with its words, without consideration or weight given to <br />its being drafted by any party or its counsel. All words used in the singular shall <br />include the plural; the present tense shall include the future tense; and the <br />masculine gender shall include the feminine and neuter gender. <br />12. GOVERNING LAW AND VENUE. <br />Interlocal Cooperation Agreement <br />Ellensburg Water Company at Coleman Creek Project Page 5 of 8 <br />