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enforce the terms of this Agreement shall be in the Superior Court of Kiffitas County,
<br />Washington.
<br />8.4
<br />Kittitqs County and City of Cle Elum
<br />Interlo cal Agreement fo r Certifi ed Acceptance S ervices
<br />ATTORNEY'S FEES: If any legal action or other proceeding is brought for the
<br />enforcement of this Agreement, or because of an alleged dispute, breach, default, or
<br />misrepresentation in connection with any of the provisions of this Agreement, each
<br />Party shall pay its own attorney's fees incurred in that action, arbitration or
<br />proceeding.
<br />ARTICLE IX
<br />INDEMNIFICATION
<br />Each Party shall defend, indemnifu and hold harmless the other, as well as its officers, agents
<br />and employees, from and against any and all claims, demands, losses and liabilities to or by
<br />third parties arising from, resulting from, or connected with, services performed or to be
<br />performed under this Agreement to the fullest extent permitted by law, whether arising from
<br />Agreement liability(ies) or otherwise.
<br />This duty to indemni$' shall not apply to liability from damages arising out of bodily injury
<br />to persons or damages to the property caused by, or resulting from, the sole negligence of the
<br />County, the City, or their respective officers, agents, and employees.
<br />This duty to indemnifu for liability for damages arising out of bodily injury to persons or
<br />damages to property caused by or resulting from the concurrent negligence of the County's,
<br />and the City's agents or employees shall apply only to the extent of negligence of the
<br />County's, and the City's agents, employees, subcontractors, and suppliers.
<br />Both Parties specifically and expressly waive any immunity that may be granted under the
<br />Washington State Industrial Act, Title 51 RCW. Further, the indemnification obligation
<br />under this Agreement shall not be limited in any way by any limitation on the amount or type
<br />of damages, compensation, benefits payable to or by any third party under Worker's
<br />Compensation Acts, Disability Benefits Acts, or other employee benefit acts.
<br />This duty to defend, indemni$, and hold harmless shall include all related costs, reasonable
<br />attorney fees, court costs and related expenses asserted against or incurred by the County, the
<br />City, or their respective officers, agents, and employees.
<br />The Parties hereby certifu that these indemnification provisions were mutually negotiated and
<br />agreed to by the Parties.
<br />ARTICLE X
<br />PERFORMANCE OF AGREEMENT
<br />10.1 COMPLIANCE WITH ALL LAWS: Each Parfy shall comply with all federal, state,
<br />and local laws, rules, regulations and ordinances applicable to the performance of this
<br />Agreement, including without limitation, all those pertaining to wages and hours,
<br />confi dentiality, disabilities, and discrimination.
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