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D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, death <br />or damage caused by or resulting from the concurrent negligence or wiliful misconduclofthe <br />Parties or of the Parties and a third party other than an Jffice., agent or employee of theParties, shall apply only to the extent of the negligence or willful misconduct of eactr party. <br />E. This indemnification provision shall survive the termination of this agreement. <br />XII. Entire Cgntruct <br />This agreement represents the entire understanding of the parties and supersedes any oralrepresentations that are inconsistent with or modiff its terms and conditions. <br />Xry. Modification <br />This agreement may be modified and amended only in writing and signed by the parties hereto. <br />XV. IndependentContractor <br />In providing services under this- lnterlocal Agreement, Kittitas County is an independent <br />contractor and neither it nor its offi-cers, agents or employees are employel of the City^for anypurpose' including but not limited to, responsibilitt for any fedeial or state tax, industrial <br />insurance or Social Security liability. Neither shall thi provision of services under this Interlocal <br />Agreement give rise to any claim of career service or civil service rights, which may accrue to anemployee of the city under any applicabte law, rule or regulation.Xry. GeneralProvipions: <br />A. Purpose' The purpose of this Interlocal Agreement is to permit the joint use of the KittitasCounty Jail for confinement of prisoners of the parties tothe Interlocal Agreement, therebypromoting maximum use and effrciency of the Kittitas county Jail. <br />B' Adminishator. Pursuant to RCW 39.34.030(4)(a), the administrator for this agreement shall <br />be the Superintendent of the Kittitas County Jaii.' <br />C. Property. Unless otherwise specifically agreed by the parties in writing, all property, personal <br />and real, utilized by the parties hereto in the eiecution of this Agreiment shall remain theproperty of that party initially owning it. <br />D. Venue' Venue for any lawsuit shallbe in the Kittitas County Superior Court. <br />E. Filing: This Agreement shall be filed with the Kittitas County Auditor's Office or,alternativeln listed by subject on each or either party's web site or other electronically <br />retrievable public source pursuant to RCW 39.34.040. <br />F. Severabilitll In the event any provisions of this Agreement shall be determined to beunenforceable or otherwise invalid for any reason, such provisions shall be enforced andvalid to the extent permitted by law. All provisions of thishgreement are severable, and the <br />Interlocal Agreement for Housing of Inmates <br />Page 8 of l0