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AGENDA ITEM 11e
<br />8.3 GOVERNING LAW AND VENUE: This Agreement shall be govemed exclusively
<br />by the laws of the State of Washington, Venue of any action brought to interpret or
<br />enforce the terms of this Agreemenl shall be in the Superior Court of Kittitas County,
<br />Washington.
<br />8.4 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 attomey's fees incu:red in that action, arbitration or
<br />Proceeding.
<br />ARTICLE D(
<br />INDEMNIFICATION
<br />Each Party shall defend, indemni$ 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 indemniff shall not apply to liability from damages arising out of bodily injury
<br />to persoru or damages to the property caused by, or resulting from, the sole negligence of the
<br />County, the City, or their respective offtcets, agents, and employees.
<br />This duty to indemniff for liability for damages arising out of bodily iqiury 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, indemnifu, and hold harmless shall include all related costs, reasonable
<br />attorn€y fees, court costs and related expenses asserted against or incurred by the County, the
<br />City, or their respective offrcers, ag€,nts, and employees.
<br />The Parties hereby certiff that these indemnification provisions were mutually negotiated and
<br />agreed to by the Parties.
<br />ARTICLE X
<br />PERFORMANCE OF AGREEMENT
<br />10.1 COMPLIANICE IVffH ALL LAWS: Each Party shall comply with all federal, state,
<br />and local laws, rules, regulations and ordinances applicable to the performance of this
<br />Kittitas County and City of Cle Elum
<br />Interlocal Agreement for Certified Acceptance Services
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