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the possession of the other party shall be returned to the owner promptly upon completion of each task for which such personal property was utilized. 13. Records. Each party shall preserve and maintain its records regarding this Agreement in accordance with the Washington state records retention requirements. Such records shall be subject to inspection, review and audit by either party, the Washington State Auditor's Office, or any other entity as required by law. Each party will be responsible for requests for public records made to their respective agency. 1"4. lndemnification. Should a party receive a claim for damages, demand letter, Summons and Complaint, or other documentation evidencing a threat of litigation or request for monetary compensation, a copy will be forwarded to the other party within ten (10) business days. Each party will be responsible for its own acts and/or omissions in its performance under this Agreement, and the acts and/or omissions of its employees, agents, officials, and registered volunteers. Neither party shall be responsible to the other party for the acts or omissions of persons or entities not a party to this Agreement. The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages, if any, are adjudicated. lf any claim is resolved by voluntary settlement and the parties cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration. The indemnification obligations of the parties shall not be limited in any way by the Washington State lndustrial lnsurance Act, RCW Title 51, or by application of any other worke/s compensation act, disability benefit act or other employee benefit act. Each party hereby expressly waives any immunity afforded by such acts to the extent required by its obligations to indemnify, defend and hold harmless the other party. A party's waiver of immunity does not extend to claims made by its employees directly against the party as employer. The foregoing indemnification obligations of the parties are a material inducement to enter into this Agreement and have been mutually negotiated. 15. lndependent Capacitv. Each party to this Agreement shall act in an independent capacity and not as an agent or representative ofthe other party. The employees or agents of each party who are engaged in the performance of this Agreement shallcontinue to be the employees or agents ofthat party, and shall not be considered for any purpose to be the employees or agents ofthe other party. 16. Severabilitv. lf any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder is consistent with applicable law and with the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. lnterlocal Agreement Page 4 of 9