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<br />INTERLOCAL COOPERATION AGREEMENT FOR TELECOMMUNICATION SERVICES <br />(KITTITAS COUNTY) -5- <br /> <br />party for personal injury or damage to tangible property (collectively <br />the “Claims”) to the extent and in proportion that Claims arise from the <br />negligent, grossly negligent or willful act of the indemnifying party, <br />its officers, employees, servants, affiliates, agents or contractors but <br />not from any Claim arising from another licensee. <br />6.1 LIMITED WAIVER OF IMMUNITY UNDER WASHINGTON STATE <br />INDUSTRIAL INSRUANCE ACT, TITLE 51 RCW AND OTHER SIMILAR INDUSTRIAL <br />INSRUANCE SCHEMES. For purposes of the foregoing indemnification <br />provision, and only to the extent of claims against a party by an <br />employee of the other party, each party specifically waives any immunity <br />it may be granted under the Washington State Industrial Insurance Act, <br />Title 51 RCW, The United States Longshore and Harbor Workers <br />Compensation Act, 33 USC §901-950, or any other similar workers’ <br />compensation schemes. The indemnification obligation under this <br />Agreement shall not be limited in any way by any limitation on the <br />amount or type of damages, compensation or benefits payable to or for <br />any third party under workers’ compensation acts, disability benefit <br />acts, or other employee benefit acts. The foregoing provision was <br />specifically negotiated and agreed upon by the parties hereto. <br />7. LIMITATION ON DAMAGES. Notwithstanding any provisions of <br />this Agreement to the contrary, neither party shall be liable to the <br />other party or any third party for any special, incidental, indirect, <br />punitive, or consequential costs, liabilities, or damages, whether <br />foreseeable or not, arising out of, or in connection with, such party’s