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The City acknowledges and agrees that its obligations under this Section 6 will survive <br />termination of this Agreement. <br />9. Risk of Loss. All of the City's personal property of any kind or description <br />whatsoever, or that of its employees, agents, contractors, and/or invitees placed on the <br />Property shall be at the City's sole risk, and the County will not be liable for any damage <br />done to, or loss of, such personal property. <br />10. Public Records Act. This Agreement and all public records associated with <br />this Agreement shall be available from the County for inspection and copying by the <br />public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the - <br />extent that public records then in the custody of the City are needed for the County to <br />respond to a request under the Act, as determined by the County, the City agrees to <br />make them promptly available to the County, if the City considers any portion of any <br />record provided to the County under this Agreement, whether in electronic or hard copy <br />form, to be protected from disclosure under law, the City shall clearly identify any <br />specific information that it claims to be confidential or proprietary. If the County <br />receives a request under the Act to inspect or copy the information so identified by the <br />City and the County determines that release of the information is required by the Act or <br />otherwise appropriate, the County's sole obligations shall be to notify the City (a) of the <br />request and (b) of the date that such information will be released to the requester unless <br />the City obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If <br />the City fails to timely obtain a court order enjoining disclosure, the County will release <br />the requested information on the date specified. <br />The County has, and by this section assumes, no obligation on behalf of the City to claim <br />any exemption from disclosure under the Act. The County shall not be liable to the City <br />for releasing records not clearly identified by the City as confidential or proprietary. The <br />County shall not be liable to the City for any records that the County releases in <br />compliance with this Section or in compliance with an order of a court of competent <br />jurisdiction. <br />11. Hold Harmless and Indemnification. The City shall assume the risk of, be <br />liable for, and pay all damage, loss, costs and expense of any party arising out of the <br />activities under this Agreement and all use of any improvements it may place on the <br />Property. The City shall hold harmless, indemnify and defend the County, its officers, <br />elected and appointed officials, employees and agents from and against all claims, losses, <br />lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or <br />decrees by reason of damage to any property or business and/or any death, injury or <br />disability to or of any person or party, including but not limited to any employee, arising <br />out of or suffered, directly or indirectly, by reason of or in connection with the acquisition <br />or use of the Properties and this Agreement; PROVIDED, that the above indemnification <br />does not apply to those damages caused by the sole negligence or willful misconduct of <br />the County, its elected and appointed officials, officers, employees or agents. <br />Interlocal Cooperation Agreement between Snohomish County and City of Everett <br />Concerning Acquisition of Property with Conservation Futures Funds Page 5 of 9 <br />