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Interlocal Agreement <br />Page 4 of 9 <br /> <br />the possession of the other party shall be returned to the owner promptly upon completion of <br />each task for which such personal property was utilized. <br /> <br />13. Records. Each party shall preserve and maintain its records regarding this Agreement in <br />accordance with the Washington state records retention requirements. Such records shall be <br />subject to inspection, review and audit by either party, the Washington State Auditor’s Office, or <br />any other entity as required by law. Each party will be responsible for requests for public <br />records made to their respective agency. <br /> <br />14. Indemnification. Should a party receive a claim for damages, demand letter, Summons and <br />Complaint, or other documentation evidencing a threat of litigation or request for monetary <br />compensation, a copy will be forwarded to the other party within ten (10) business days. <br /> <br />Each party will be responsible for its own acts and/or omissions in its performance under this <br />Agreement, and the acts and/or omissions of its employees, agents, officials, and registered <br />volunteers. Neither party shall be responsible to the other party for the acts or omissions of <br />persons or entities not a party to this Agreement. The parties agree to maintain a consolidated <br />defense to claims made against them and to reserve all indemnity claims against each other <br />until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved <br />by voluntary settlement and the parties cannot agree upon apportionment of damages and <br />defense costs, they shall submit apportionment to binding arbitration. The indemnification <br />obligations of the parties shall not be limited in any way by the Washington State Industrial <br />Insurance Act, RCW Title 51, or by application of any other worker’s compensation act, disability <br />benefit act or other employee benefit act. Each party hereby expressly waives any immunity <br />afforded by such acts to the extent required by its obligations to indemnify, defend and hold <br />harmless the other party. A party’s waiver of immunity does not extend to claims made by its <br />employees directly against the party as employer. The foregoing indemnification obligations of <br />the parties are a material inducement to enter into this Agreement and have been mutually <br />negotiated. <br /> <br />15. Independent Capacity. Each party to this Agreement shall act in an independent capacity and <br />not as an agent or representative of the other party. The employees or agents of each party <br />who are engaged in the performance of this Agreement shall continue to be the employees or <br />agents of that party, and shall not be considered for any purpose to be the employees or agents <br />of the other party. <br /> <br />16. Severability. If any provision of this Agreement shall be held invalid, such invalidity shall not <br />affect the other provisions of this Agreement that can be given effect without the invalid <br />provision, if such remainder is consistent with applicable law and with the fundamental purpose <br />of this Agreement, and to this end the provisions of this Agreement are declared to be <br />severable.