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Subject to the liability limitations stated in Section 11 of this Agreement, County shall hold <br />harmless, indemnify, and defend, at its own expense Everett, its elected and appointed <br />officials, officers, employees and agents, from any loss or claim for damages of any nature <br />whatsoever, arising out of County's performance of this Agreement, including claims by <br />County employees or third parties, except for those losses or claims for damages solely caused <br />by the negligence or willful misconduct of Everett, its elected and appointed officials, officers, <br />employees or agents. <br />Subject to the liability limitations stated in Section 11 of this Agreement, in the event of <br />liability for damages of any nature whatsoever arising out of the performance of this <br />Agreement by Everett and County, including claims by Everett's and County's own officers, <br />officials, employees, agents, volunteers, or third parties, caused by or resulting from the <br />concurrent negligence of Everett and the County, their officers, officials, employees, agents <br />and volunteers, each party's liability hereunder shall only be to the extent of that parry's <br />negligence. <br />11. Limitation of Liability: In no event will County or Everett be liable for any special, <br />consequential, indirect, punitive or incidental damages, including but not limited to loss of <br />data, loss of revenue, or loss of profits, arising out of or in connection with the performance <br />of the County or Everett under this Agreement or any SWO hereunder, even if the County or <br />Everett has been advised of the possibility of such damages. <br />12. Compliance with Laws: The County and Everett shall comply with all applicable federal, <br />state and local laws, rules, and regulations in performing this Agreement. Everett will comply <br />with SCDOIT procedures and policies related to technology management and use of <br />applicable County systems, applications and services. <br />13. Non -assignment: The County and Everett shall not assign any of the rights, duties, or <br />obligations covered by this Agreement without the prior express written request and consent <br />of the other party. <br />Interlocal Agreement between Snohomish County and the City of Everett <br />Page 7 <br />