|
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 VENUE: This 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 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 attorney's fees incurred in that action, arbitration or
<br />proceeding.
<br />ARTICLE .IX
<br />INDEMNIFICATION
<br />The County agrees to indemnify, defend and hold the City, its elected and appointed officials,
<br />employees, agents and volunteers, harmless from and against any and. all claims, damages,
<br />losses and expenses, including but not limited to court costs, attorney's fees and alternative
<br />dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or
<br />death and for any damage to or destruction of any property (including the loss of use
<br />resulting therefrom) which are alleged or proven to be caused by an act or omission,
<br />negligent or otherwise, of the County's elected and appointed officials, employees, agents or
<br />volunteers.
<br />The City agrees to indemnify, defend and hold the County, its elected and appointed officials,
<br />employees, agents and volunteers, harmless from and against any and all claims, damages,
<br />losses and expenses, including but not limited to court costs, attorney's fees and alternative
<br />dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or
<br />death and for any damage to or destruction of any property (including the loss of use
<br />resulting therefrom) which are alleged or proven to be caused by an act or omission,
<br />negligent or otherwise, of the City's elected and appointed officials, employees, agents or
<br />volunteers.
<br />A Party shall not be required to indemnify, defend, or hold the other Party harmless if the
<br />claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or
<br />death or for any damage to or destruction of any property (including the loss of use resulting
<br />therefrom) is caused by the sole act or omission of the other Party.
<br />In the event of any concurrent act or omission of the Parties, negligent or otherwise, these
<br />indemnity provisions shall be valid and enforceable only to the extent of each Parry's
<br />comparative liability.
<br />The indemnification obligations of the Parties shall not be limited in any way by the
<br />Washington State Industrial Insurance Act, RCW Title 51., or by application of any other
<br />workmen's compensation act, disability benefit act or other employee benefit act. Each Party
<br />hereby expressly waives any immunity afforded by such acts to the extent required by a
<br />Party's obligations to indemnify, defend and hold harmless the other Party or Parties. A
<br />Kittitas County and City of'Cle Elum
<br />Interlocal Agreement for Cert fled Acceptance Seri;ices
<br />
|