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9. CITY COVENANTS
<br /> As to the City's determinations with regard to whether the City will obtain any flood control
<br /> or drainage benefit from the Facilities located upon the County's property or the Tasks
<br /> covered by this Agreement,the City relies solely and entirely upon its own evaluation and
<br /> expressly disavows that it has relied in any respect upon any statement or representation of
<br /> the County.
<br /> 10. HOLD HARMLESS AND INDEMNIFICATION
<br /> A. The City shall hold harmless, indemnify, and defend the County its officers, directors,
<br /> officials, employees,agents, and operators from and against any and all claims,actions, suits,
<br /> liability, loss, expenses, damages, and judgments of any nature whatsoever, including costs
<br /> and attorney's fees in defense thereof,for injury, sickness, disability or death to persons or
<br /> damage to property or business,caused by or arising out of the City's acts, errors or
<br /> omissions in the performance of this Agreement. PROVIDED HOWEVER,that the City's
<br /> obligation hereunder shall not extend to injury,sickness, death or damage caused by or
<br /> arising out of the sole negligence of the County,its officers, directors, officials, employees,
<br /> agents, or operators. PROVIDED FURTHER,that in the event of the concurrent negligence
<br /> of the Parties,the City's obligations hereunder shall apply only to the percentage of fault
<br /> attributable to the City,its employees or agents.
<br /> With respect to the City's obligations to hold harmless,indemnify and defend provided for
<br /> herein,but only as such obligations relate to claims, actions, or suits filed against the County,
<br /> the City further agrees to waive its immunity under the Industrial Insurance Act, Title 51
<br /> RCW, for any injury or death suffered by the City's employees caused by or arising out of
<br /> the City's acts, errors, or omissions in the performance of this Agreement. This waiver is
<br /> mutually negotiated by the Parties.
<br /> The City's obligations to hold harmless,indemnify, and defend the County,its officers,
<br /> directors, officials, employees, and agents pursuant to this paragraph shall apply to any and
<br /> all claims,actions, suits,liability, loss,expenses, damages, and judgments of any nature
<br /> whatsoever,including costs and attorney's fees in defense thereof,for injury, sickness,
<br /> disability, or death to persons or damage to property or business, caused by or arising out of
<br /> the City's acts, errors or omissions in the design, construction,repair, maintenance, or
<br /> operation of its water transmission line.
<br /> The City's obligations hereunder shall include,but are not limited to, investigating,adjusting,
<br /> and defending all claims alleging loss from action,error, or omission, or breach of any
<br /> common law, statutory or other duty by the City,the City's employees, agents, or
<br /> subcontractors.
<br /> B. The County shall hold harmless,indemnify and defend the City,its officers, directors,
<br /> officials, employees, agents from and against any and all claims, actions, suits,liability, loss,
<br /> expenses, damages and judgments of any nature whatsoever,including costs and attorney's
<br /> fees in defense thereof, for injury, sickness, disability,or death to persons or damage to
<br /> 2015 DD6 Agreement Page 7
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