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follow the terms of this section shall not relieve any individual party from its obligations under <br />this Agreement. <br />12. Propertv. The parties do not anticipate acquiring jointly owned personal or real propefi under <br />this Agreement. Any personal property of a party used in the performance of this Agreement in <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 />13. Records. Each party shall preserve and maintain its records relating to this Agreement for six (6) <br />years after termination or expiration of the Agreement. Such records shall be subject to <br />inspection, review and audit by either party, the Washington State Auditor's Office, or any other <br />entity as required by law. <br />14. lndemnification. Each party will be responsible for its own acts and/or omissions in its <br />performance under this Agreement, and the acts and/or omissions of its employees, agents, <br />officials, and registered volunteers. Neither party shall be responsible to the other party for the <br />acts or omissions of persons or entities not a party to this Agreement. The parties agree to <br />maintain a consolidated defense to claims made against them and to reserve all indemnity <br />claims against each other until after liability to the claimant and damages, if any, are <br />adjudicated. lf any claim is resolved by voluntary settlement and the parties cannot agree upon <br />apportionment of damages and defense costs, they shall submit apportionment to binding <br />arbitration. The indemnification obligations of the parties shall not be limited in any way by the <br />Washington State lndustrial lnsurance 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 its <br />obligations to indemnify, defend and h6ld harmless the other party. A party's waiver of <br />immunity does not extend to claims made by its employees directly against the party as <br />employer. The foregoing indemnification obligations of the parties are a material inducement <br />to enter into this Agreement and have been mutually negotiated. <br />15. lndependent Capacitv. 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 ofthat party, and shall not be considered for any purpose to be the employees or agents <br />of the other party. <br />16. Severabilitv. lf 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.