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of each party, or authorized designee(s), will participate in a good faith in -person <br />negotiation to resolve any such dispute. <br />8.3 GOVERNING LAW AND VENtiE: '1°his Agreement shall be governed exclusively <br />by the laws of the State of Washington. Venue of any action brought to interpret or <br />enforce the terms of this Agreement shall be in the Superior Court of Kittitas County, <br />Washington. <br />8.4 ATTORNEY'S FEES: If any Iegal 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, indemnify 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 indemnify 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 indemnify 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 parry under Worker's <br />Compensation Acts, Disability Benefits Acts, or other employee benefit acts. <br />This duty to defend, indemnify, 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 certify that these indemnification provisions were mutually negotiated and <br />agreed to by the Parties. <br />ARTICLE X <br />PERFORMANCE OF AGREEMENT <br />Kittitas County and City of Cle Elum <br />Interlocal Agreement for Cert f ed Acceptance Services <br />