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may choose to share the other parry's coverage documents with their insurance carrier or risk <br />pool. The failure of any insurance carrier or self -insured pooling organization to agree to or <br />its obligations under <br />follow the terms of this section shall not relieve any individual party from <br />this Agreement. <br />l 1. Property. The parties do not anticipate acquiring jointly owned personal or real property under <br />this Agreement. Any personal properly of a party used in the performance of this Agreement in <br />III <br />the possession of the other party shall be returned to the owner promptly upon completion of each <br />task for which such personal property was utilized. <br />12. 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 and <br />entity as required by law. <br />it by either party, the Washington State Auditor's Office <br />oy other <br />13,10 Indemnification. Each party will he responsible for its own acts and/or omissions in its <br />performance under this Alireement11,employees,and the acts and/or omissions of its <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 claims <br />against each other until after liability to the claimant and damages, i*f any, are adjudicated. If any <br />claim is resolved by voluntary settlement and the parties cannot agree upon apportionment of <br />damages and defense costs, they shall submit apportionment to binding arbitration. The <br />irnIN ndenification obligations of the parties shall not be limited in any way by the Washington State <br />Industrial Insurance Act, RCW Title 51, or by a pplication of any other worker's compensation <br />act, disability benefit act or other employee benefit act. Each party hereby expressly waives any <br />immunity afforded by such acts to the extent required by its obligations to indemnify, defend and <br />111 <br />hold harmless the other party. A party I s waiver of immunity does not extend to claims made b y <br />its employees directly against the party as employer. The foregoing indemnification obligations <br />of the parties are a material inducement to enter into this Agreement and have been mutuall y <br />negotiated. <br />14. Independent CapaciEach party to this Agreement shall act in an independent capacity and not <br />as an. agentorrepresentati <br />ve of the other party. The employees or agents of each party who are <br />engaged in the performance of this Agreement shall continue to be the employees or agents of <br />that party,, and shall not be considered for any purpose to be the employees or agents of the other <br />party. <br />15. 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 />oft is Agreement, and to this end the provisions of this Agreement are declared to be severable. <br />16. Waiver. The waiver by a party of any default or breach of this Agreement, or the failure of a <br />party to enforce any provision hereof or to exercise any right or privilege hereunder, shall not be <br />Interlocal Agreement Between Kittitas County and City of Ellensburg <br />Page 4 of 5 <br />