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D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, death <br />or damage caused by or resulting from the concurrent negligence or willful misconduct of the <br />Parties or of the Parties and a third party other than an officer, agent or employee of the Parties, <br />shall apply only to the extent of the negligence or willful misconduct of each Party. <br />XII. Entire Contract <br />This Agreement represents the entire understanding of the Parties and supersedes any oral <br />representations that are inconsistent with or modify its terms and conditions. <br />XIV. Modification <br />This Agreement may be modified and amended only in writing and signed by the Parties hereto. <br />XV. Independent Contractor <br />In providing services under this Interlocal Agreement, Kittitas County is an independent contractor <br />and neither it nor its officers, agents or employees are employees of the Town for any purpose, <br />including but not limited to, responsibility for any federal or state tax, industrial insurance or Social <br />Security liability. Neither shall the provision of services under this Interlocal Agreement give rise <br />to any claim of career service or civil service rights, which may accrue to an employee of the Town <br />under any applicable law, rule or regulation. <br />XIV. General Provisions: <br />A. Purpose. The purpose of this Interlocal Agreement is to permit the joint use of the Kittitas <br />County Jail for confinement of prisoners of the Parties to the Interlocal Agreement, thereby <br />promoting maximum use and efficiency of the Kittitas County Jail. <br />B. Administrator. Pursuant to RCW 39.34.030(4)(a), the administrator for this Agreement shall <br />be the Sheriff of Kittitas County. <br />C. Property. Unless otherwise specifically agreed by the Parties in writing, all property, personal <br />and real, utilized by the Parties hereto in the execution of this Agreement shall remain the <br />property of that Party initially owning it. <br />D. Venue. Venue for any lawsuit shall be in the Kittitas County Superior Court. <br />E. Filing: This Agreement shall be filed with the Kittitas County Auditor's Office or, <br />alternatively, listed by subject on each or either Party's website or other electronically <br />retrievable public source pursuant to RCW 39.34.040. <br />F. Seyerability. In the event any provisions of this Agreement shall be determined to be <br />unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid <br />to the extent permitted by law. All provisions of this Agreement are severable, and the <br />Interlocal Agreement for Housing of Inmates <br />Page 8of10 <br />