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to the fullest extent provided by law, and further agrees to save, indemnify, defend and hold <br />harmless the other party from any and all such liability arising out of the performance of this <br />Agreement. In the case of negligence of more than one party, any damages allowed shall be <br />levied in proportion to the percentage of the negligence attributable to each party. This <br />indemnification paragraph shall survive the termination of this Agreement. <br />9. Assignment. This Agreement cannot be assigned, transferred or any portion <br />subcontracted by either party hereto without the prior written consent of the other party, which <br />consent shall not be unreasonably withheld. <br />10. k{ inure Suppo 4. Neither party to this Agreement makes any commitment to future <br />support and assumes no obligation for future support of any activity contracted for herein, <br />except as may be expressly set forth in this Agreement. <br />11. Cc:n,-i=2Mce Lr vs. Each party hereto, in its performance of this Agreement, <br />agrees to comply with all applicable local, State, and Federal laws and ordinances. <br />12. at tre {a<<12 -s. In the performance of the work herein contemplated <br />(Exhibit A), the party performing the work is an independent contractor with the authority to <br />control and direct the performance of the details of the work; however, the work contemplated <br />herein shall be subject to the general rights of inspection and review of the party requesting the <br />work be done, to secure the satisfactory completion thereof. <br />13. Jurisdiction. Any legal dispute between the parties to this Agreement shall be <br />governed by the laws of the State of Washington, and any action to enforce this Agreement <br />shall be brought in Kittitas County, Washington. <br />1.4. IV!od rl cz- tcn. The provisions of this Agreement may be modified or amended only by <br />written mutual written agreement of the parties, executed by personnel authorized to bind each <br />of the parties. <br />15. 'v;lriver. . A failure by either party to exercise its rights under this Agreement shall not <br />preclude that party from subsequent exercise of such rights and shall not constitute a waiver of <br />any other rights under this Agreement unless stated to be such in a writing signed by an <br />authorized representative of the party and attached to the original Agreement. <br />16. Termination. This Agreement shall remain in full force and effect until terminated on <br />December 31, 2021, by mutual written agreement of the parties, or by written notice of <br />termination given by one party to the other at least thirty (30) days prior to the date of such <br />termination. <br />17. Agreement No. for-icaeRt of Ticx7u-arties. This Agreement is entered into solely <br />for the benefit of the parties hereto and vests no rights in, or is it enforceable by, any third <br />parties. <br />18. Severahrlh. If any provision of this Agreement or any provision of any document <br />INTERLOCAL AGREEMENT FOR FLOOD CONTROL DISTRICT GRANT FUNDS - 3 <br />