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property or business, caused by or arising out of the County's acts, errors or omissions in the <br /> performance of this Agreement, PROVIDED HOWEVER,that the County's obligation <br /> hereunder shall not extend to injury, sickness,death or damage caused by or arising out for <br /> the sole negligence of the City,its officers, directors, officials, employees, agents, or <br /> operators, PROVIDED FURTHER,that in the event of the concurrent negligence of the <br /> Parties,the County's obligations hereunder shall apply only to the percentage of fault <br /> attributable to the County,its employees or agents. <br /> With respect to the County's obligations to hold harmless,indemnify and defend provided <br /> for herein,but only as such obligations relate to claims, actions or suits filed against the City <br /> or PSE,the County further agrees to waive its immunity under the Industrial Insurance Act, <br /> Title 51 RCW, for any injury or death suffered by the County's employees caused by or <br /> arising out of the County's acts, errors or omissions in the performance of this Agreement. <br /> This waiver is mutually negotiated by the Parties. <br /> The County's obligations hereunder shall include,but are not limited to, investigating, <br /> adjusting,and defending all claims alleging loss from action,error or omission or breach of <br /> any common law, statutory or other duty by the County,the County's employees, agents, or <br /> subcontractors. <br /> 11. WAIVER AND RELEASE OF CLAIMS <br /> The City hereby waives any and all claims against the County for damage,whether <br /> direct,indirect or consequential,to its water transmission line or other property or for injury <br /> to or death of any of its officers, agents or employees which may in any way arise from the <br /> pursuit or accomplishment of the Tasks contemplated under this Agreement and waives any <br /> and all claims against the County that any actions associated with the pursuit or <br /> accomplishment of the Tasks contemplated under this Agreement interfere with or affect the <br /> City's water transmission line easement rights and releases the County from any and all <br /> liability therefore. <br /> The City further specifically acknowledges that it is participating in the Tasks contemplated <br /> under this Agreement at its own risk and that the foregoing waiver and release applies to all <br /> activities associated with such Tasks. The City further covenants that it will make no claim <br /> against the County in any way related to such Tasks whether related to design, construction <br /> or otherwise. <br /> 12. TERMINATION <br /> A. This Agreement may be terminated at the end of a calendar year by either Party for any <br /> reason by providing written notice delivered by regular mail to the other Party's contact • <br /> persons at the addresses set forth herein by June 30th of said year. The June 30th notice <br /> deadline does not apply in the event either Party fails to obtain the necessary appropriation. <br /> B. The County's and the City's obligations after December 31,2015, are contingent upon <br /> local legislative appropriation of necessary funds in accordance with applicable laws which <br /> 2015 DD6 Agreement Page 8 <br />