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6 charge, and/or a finding that the license of the Attorney or any Conflict Counsel providing service under this
<br /> Agreement, has been suspended or revoked. Any violation of the other provisions of this Agreement shall be
<br /> subject to cure. Written notice of Agreement violation shall be provided to the Conflict Counsel who shall
<br /> have thirty (30) business days to cure the violation. Failure to correct the violation will give rise to
<br /> termination for cause at the City's discretion. In lieu of terminating this Agreement, the City may agree in
<br /> writing to alternative corrective measures.
<br /> 3.2 Termination on Mutual Agreement. The parties may agree in writing to terminate this
<br /> Agreement at any time. Unless otherwise agreed to in writing, termination or expiration of this Agreement
<br /> does not affect any existing obligation or liability of either party.
<br /> 3.3 Obligations survive Termination. In the event of termination of this agreement, the
<br /> following obligations shall survive and continue:
<br /> 3.3.1 Representation. The compensation established in this Agreement compensates
<br /> Public Defender for services relating to each and every assigned case. Therefore, in the event this
<br /> Agreement is terminated, the Public Defender will continue to represent clients on assigned cases until
<br /> either:
<br /> 3.3.1.1 For those matters set for trial within sixty (60) calendar days of the
<br /> final Agreement date,through trial or the failure of the defendant to appear (FTA)for trial, or
<br /> 3.3.1.2 For all other matters, for a period of thirty (30) days, provided,
<br /> however, that if the defendant fails to appear (FTA) for a court appearance, the Public Defender may
<br /> withdraw following the FTA.
<br /> 3.3.2 The provisions of sections 1 and 5, as well as this subsection 2.4 survive
<br /> termination as to the Public Defender. The City shall remain bound by the provisions of section 2.4 with
<br /> respect to additional costs incurred with respect to cases concluded after the termination of this Agreement.
<br /> 4. Nondiscrimination. Neither the Public Defender nor any person acting on behalf of the Public
<br /> Defender, shall, by reason of race, creed, color, national origin, sex, sexual orientation,honorably discharged
<br /> doctrine or military status, or the presence of any sensory, mental, or physical disability or the use of a
<br /> trained guide dog or service animal by a person with a disability, discriminate against any person who is
<br /> qualified and available to perform the work to which the employment relates, or in the provision of services
<br /> under this Agreement.
<br /> 5. Indemnification. The Public Defender agrees to hold harmless and indemnify the City, its
<br /> officers, officials,. agents, employees, and representatives from and against any and all claims, costs,
<br /> judgments, losses, or suits including Public Defender's fees or awards, and including claims by Public
<br /> Defender's own employees to which Public Defender might otherwise be immune under Title 51 arising out
<br /> of or in connection with any willful misconduct or negligent error, or omission of the Public Defender,
<br /> his/her officers or agents.
<br /> It is specifically and expressly understood that the indemnification provided herein constitutes the
<br /> waiver of the Public Defender's waiver of immunity under Title 51 RCW solely for the purposes of this
<br /> indemnification. The parties have mutually negotiated this waiver.
<br /> The City agrees to hold harmless and indemnify the Public Defender, his/her officers, officials,
<br /> agents, employees, and representatives from and against any and all claims, costs,judgments, losses, or suits
<br /> including Public Defender's fees or awards, arising out of or in connection with any willful misconduct or
<br /> negligent error or omission of the City, its officers or agents.
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