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assure that records and documents provided by the other party are not erroneously <br />disclosed to third parries. <br />8. Indemnification. Each parfy agrees to be responsible and assume liability for its own <br />ranongful and./or negligent acts or omissions, or those of its officers, agents or employees <br />to the fullest extent provided by the lag and further agrees to save, indemnify, defend <br />and hold harmless the otherparty from any and such liability arising out of the <br />performance ofthis Agreement" In the case of negligence of more than one party, any <br />damages allowed shall be levied in proportion to the percentage of the negligence <br />affiibutable to each parly. This indemnification paragraph shall survive the termination <br />ofthis 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 pany, <br />which consent shall not be reasonably withheld. <br />10. Future Support Neither parly 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. Compliance with Laws. Each party hereto, in its performance of this Agreement, agrees <br />to comply with all applicable local, state and Federal laws and ordinances. <br />12. Relationship of the Parties. In the performance of the work herein contemplated <br />(Exhibit A), the paay performing the work is an independent contractor with the <br />authority to control and direct the performance of the details of the work; however, the <br />work contemplated herein shall be subject to the general rights of inspection and review <br />ofthe party requesting the work be done, to secure the satisfactory completion thereof. <br />13. Jurisdiction. Any legal dispute between the parties to this Agreement shall be governed <br />by the laws of the State of Washington, and any action to enforce this Agreement shall be <br />brought in Kittitas County, Washington. <br />14. Modification. The provisions of this Agreement may be modified or amended only by <br />written mutual agreement of the parties, executed by personnel authorized to bind each of <br />the parties. <br />15. Waiver. A failure by either pafly to exercise its rights under this Agreement shall not <br />preclude that party from subsequent exercise of such rights and shall not constitute a <br />waiver of any other rights under this Agreement unless stated to be such in a writing <br />Interlocal Agreement between State Parks and Kittitas County Public Works for Gingko State park <br />Parking Lot Improvements