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UGA Interlocal Agreement (12-09-21) – Page 11 of 14 <br />revenue sharing as identified in Section 14 above after the effective termination date of the <br />Agreement. <br /> <br />21. INDEMNIFICATION AND LIABILITY. <br /> <br />21.1. The City shall protect, save harmless, indemnify and defend, at its own <br />expense, the County, its elected and appointed officials, officers, employees and agents, <br />from any loss or claim for damages of any nature whatsoever arising out of the City’s <br />performance of this Agreement, including claims by the City’s employees or third parties, <br />except for those damages caused solely by the negligence or willful misconduct of the <br />County, its elected and appointed officials, officers, employees, or agents. <br /> <br />21.2. The County shall protect, save harmless, indemnify, and defend at its own <br />expense, the City, its elected and appointed officials, officers, employees and agents from <br />any loss or claim for damages of any nature whatsoever arising out of the County’s <br />performance of this Agreement, including claims by the County’s employees or third <br />parties, except for those damages caused solely by the negligence or willful misconduct of <br />the City, its elected and appointed officials, officers, employees, or agents. <br /> <br />21.3. In the event of liability for damages of any nature whatsoever arising out of <br />the performance of this Agreement by the City and the County, including claims by the <br />City’s or the County’s own officers, officials, employees, agents, volunteers, or third <br />parties, caused by or resulting from the concurrent negligence of the County and the City, <br />their officers, officials, employees and volunteers, each party’s liability hereunder shall <br />only be to the extent of that party’s negligence. <br /> <br />22. SEVERABILITY. If any provision of this Agreement or its application to any <br />person or circumstance is held invalid, the remainder of the provisions and/or the <br />application of the provisions to other persons or circumstances shall not be affected. <br /> <br />23. EXERCISE OF RIGHTS OR REMEDIES. Failure of either party to exercise <br />any rights or remedies under this Agreement shall not be a waiver of any obligation by <br />either party and shall not prevent either party from pursuing that right at any future time. <br /> <br />24. RECORDS. Both parties shall maintain adequate records to document obligations <br />performed under this Agreement. Both parties shall have the right to review the other <br />party’s records with regard to the subject matter of this Agreement, upon reasonable notice. <br />Such rights last for six (6) years from the date of permit issuance for each specific <br />development subject to this Agreement. <br /> <br />25. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement <br />between the parties with respect to the framework issues for annexations and for uniform <br />development standards in the Urban Growth Area. <br /> <br />26. GOVERNING LAW AND STIPULATION OF VENUE. This Agreement shall <br />be governed by the laws of the State of Washington. Any action hereunder must be brought