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of the individual r:r the safe operations of tlre Kittitas County Jail or the reasonable operational <br />capacity limits rvill bc reached or exceeded, <br />XIII. Indemnilication <br />A. The County shall defend, indemnifli, and hold harmlcss thc City. its agents, employees and <br />officers lrom any and all liability arising out of the perfon.nance olthis agreement, whether <br />by act t-rr omission of the Cor.rnty, its agents, employees or officers. Such liability shall <br />include but not be lirnited to, intentional acts, negligence, and violations of prisoner's <br />constitutional rights. <br />B. The City shall defend, indemnify and hold harmless the County, its agents, employees and <br />otficers from any and all liability arising out of the performance of this agreernent. whether <br />by act or omission of the Ciry, its agents, employees, or officers. Such liability shall include, <br />but is not limitcd to, t'alsc arrcst and falsc imprisonment, <br />C, The Parties' obligations to indemnity, defend and hold harmless shall not extend to injudes, <br />sickness, death or datnage caused by or resulting from the sole willful tnisconduct or <br />negligcnce of the other Party, its agents. officers, cmployccs or sub-consultants. <br />D. The Partics' obligations to indemnify. delencl and hold harmless for injuries, sickness, death <br />or damage caused by or resLrlting fiom the concurrent negligence oL willful nrisconduct of the <br />Parties or of the Parties and a thild party other than an otTicer. agent or employee of the <br />Partics, shall apply only to the extent of the negligence or rvillful rnisconduct of each Party. <br />E. This indemnification provision shall survive the termination of this agreelnent, <br />XIL Entire Contract <br />This agleement represents the entire understanding of the parties and supersedes any oral <br />representations that are inconsistent with or modify its terrns and conditions. <br />XIV. Modification <br />This agreemellt ntay be modified and amended only in writing ancl signed by the parties hereto. <br />XV. IndependentContractor <br />In providing services under this Interlocal Agreement, Kittitas Coturty is an irrdependent <br />contractor and neither it nor its officers, agents or employees are employees ol the City for any <br />purpose, inch.rding but not limited to, responsibility for any federal ol' state tax, industrial <br />iusurance or Social Security liability. Neither shall the provisi<-rn of sen'ices undcr this Intcrlocal <br />Agreemeut give rise to any claim of career service or civil service rights, which may accrue to an <br />employee ollhe City under any applicable law, rule or regulation. <br />XIV. CeneralProvisions: <br />Intellocal Agreement fbr Flousing of lnmatcs <br />Page 8 of l0