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errors or omissions of the parties in the reasonable performance of their duties under this <br />Agreement, except for those injuries and damages that are caused or are attributable to the <br />negligence of the agency. Should a court of competent jurisdiction determine that this <br />Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out <br />of bodily injury to persons or damages to property caused by or resulting from the concurrent <br />negligence of COUNTY and DISTRICT and their officers, officials, employees and <br />volunteers, the parties liability, including the duty and cost to defend shall be only to the <br />extent of the responsible parties negligence. The provisions of this section shall survive the <br />expiration or termination of this Agreement. <br />E. Attorney's Fees. If any legal action or proceeding is commenced relating to this Agreement, <br />the prevailing party is entitled to recover its reasonable attorneys' fees and costs. <br />F. By signing this agreement, both parties certify that neither they nor their officials are not <br />debarred, suspended, declared ineligible, or voluntarily excluded from participation in this <br />transaction by any federal agency or department. <br />V. RECORDS MAINTENANCE <br />The parties to this contract shall each maintain books, records, documents and other evidence <br />which sufficiently and properly reflect all direct and indirect costs expended by either party in the <br />performance of the services described herein. These records shall be subject to inspection, review <br />or audit by personnel of both parties, other personnel duly authorized by either party, the Office of <br />the State Auditor, and federal officials so authorized by law. All books, records, documents, and <br />other material relevant to this Agreement will be retained for six years after expiration and the <br />Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall <br />have full access and the right to examine any of these materials during this period. <br />Records and other documents, in any medium, furnished by one party to this agreement to the other <br />party, will remain the property of the furnishing party, unless otherwise agreed. The receiving <br />party will not disclose or make available this material to any third parties without first giving notice <br />to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize <br />reasonable security procedures and protections to assure that records and documents provided by <br />the other party are not erroneously disclosed to third parties. <br />VI. INDEPENDENT CAPACITY <br />The employees or agents of each party who are engaged in the performance of this Agreement shall <br />continue to be employees or agents of that party and shall not be considered for any purpose to be <br />employees or agents of the other party. <br />VIL AGREEMENT ALTERATIONS AND AMENDMENTS <br />This agreement may be amended by mutual agreement of the parties. Such amendments shall not <br />be binding unless they are in writing and signed by personnel authorized to bind each of the parties. <br />Page 3 of 6 <br />