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9 <br /> however, that nothing in this Agreement shall be construed to require any party to <br /> defend, indemnify and hold harmless any other pally against any claims, liabilities, <br /> demands, suits, penalties, losses, damages, or costs to the extent it arises from or is <br /> caused by the negligence or fault of the other party, its agents, employees, and/or <br /> officers. <br /> • Section 9: No Joint Venture, Partnership or Third Party Beneficiaries. It is agreed that this <br /> cooperative Agreement does not create a partnership or joint venture relationship between the <br /> parties and does not benefit or create any rights in any third party. <br /> Section 10: Applicable Law. <br /> This Agreement shall be governed by and construed according to the laws of the State of <br /> Washington. Nothing in this Agreement shall be construed as altering or diminishing the rights <br /> or responsibilities of the parties as granted or imposed by State law. In the event that any <br /> litigation may be filed between the parties regarding this Agreement, the parties agree that <br /> venue shall rest in the Superior Court of Snohomish County,Washington. <br /> Section 11: Disputes. <br /> All claims or disputes arising out of or relating to this Agreement shall be referred to a panel <br /> consisting of two (2) representatives of the Contributing Agencies and two (2) Executive Board <br /> members from the SCEMS/TC Council. If this panel is unable to reach a mutually acceptable <br /> resolution, it will appoint an independent party to serve as a mediator in the effort to resolve the <br /> claim or dispute. Such mediation shall be required before an action may be filed to adjudicate <br /> the claim or dispute in a court of law. <br /> Section 12: Entire Agreement. <br /> 12.1 This Agreement constitutes the entire agreement between the parties and supersedes <br /> all prior negotiations, representations and agreements between the parties relating to the <br /> subject matter hereof. <br /> 12.2 This Agreement may be amended or modified only by written instrument signed by the <br /> parties hereto. <br /> Section 13: Savings. <br /> Should any provtsian`of this Agreement be deemed invalid or inconsistent with any federal, <br /> state, or local law, ordinance or regulation, the remaining provisions shall continue in full force <br /> and effect. <br /> Section 14: Filing. <br /> A copy of this Agreement shall be filed with the Snohomish County Auditor. <br /> Section 15. Counterparts. <br /> This Agreement may be executed in any number of counterparts, and each such counterpart <br /> hereof shall be deemed to be an original instrument, but all such counterparts together shall <br /> constitute but one agreement. <br /> EMS COUNCIL AGREEMENT FOR FUNDING - <br /> 7 <br />