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Interlocal Cooperation Agreement for the CARES Distribution for COVID-19 Related Public <br />Health Expenses - Page 4 of 6 <br />City of Cle Elum _________________________________ <br />City of Kittitas _________________________________ <br />Town of South Cle Elum _________________________________ <br /> <br />6. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or <br />real property will be jointly or cooperatively acquired, held, used, or disposed of pursuant <br />to this Agreement. <br />7. INDEMNIFICATION: Each municipality agrees to be responsible and assume <br />liability for its own wrongful and/or negligent acts or omissions or those of their officials, <br />officers, agents, or employees to the fullest extent required by law. The parties do not <br />assume responsibility to the any other party for the consequences of any act or omission of <br />any person, firm or corporation not a party to this Agreement, and further agrees to save, <br />indemnify, defend, and hold the other party harmless from any such liability. <br />8. TERMINATION: This Agreement may only be terminated by mutual written <br />agreement of all parties executed in the same manner as this Agreement. If this Agreement <br />is so terminated, the parties shall be liable only for performance rendered or costs incurred <br />in accordance with the terms of this Agreement prior to the effective date of termination. <br />9. CHANGES, MODIFICATIONS, AMENDMENTS, AND WAIVERS: This <br />Agreement may be changed, modified, amended, or waived only by written agreement <br />executed by the parties hereto. Waiver or breach of any term or condition of this <br />Agreement shall not be considered a waiver of any prior or subsequent breach. <br />10. SEVERABILITY: In the event any term or condition of this Agreement or <br />application thereof to any person or circumstances is held invalid, such invalidity shall not <br />affect other terms, conditions or applications of this Agreement which can be given effect <br />without the invalid term, condition, or application. To this end, the terms and conditions <br />of this Agreement are declared severable. <br />11. ENTIRE AGREEMENT: Except as may be agreed to by parties in the <br />subcontract referenced in Section 5(a) above, this Agreement contains all the terms and <br />conditions agreed upon by the parties. All items incorporated herein by this reference are <br />attached. No other understandings, oral or otherwise, regarding the subject matter of this <br />Agreement shall be deemed to exist or to bind any of the parties hereto. <br />12. EXECUTION: Each party to this Agreement may bind itself with all other parties <br />to this Agreement by signing a duplicate original of this Agreement and submitting such <br />signed duplicate original for filing by the Kittitas County Auditor pursuant to Section <br />thirteen (13). It is understood that such execution shall not require one original Agreement <br />be signed by all parties to this Agreement, but that there will be several duplicate originals <br />signed by each party to this Agreement. The purpose of this provision is to facilitate the <br />signing of the Agreement and to avoid undue delay in the execution of the Agreement. This <br />Agreement, however, shall be executed on behalf of each party by its authorized <br />representative and pursuant to the appropriate motion, resolution or ordinance of each <br />party. Each party to this Agreement shall be bound to it as of the date it is signed by that <br />representative of the party.