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agents. The City's obligations under this Subsection 18.1 shall expressly
<br />exclude any Claims challenging or otherwise concerning the validity and/or
<br />substantive content of any ordinances, regulations, policies or rules (collectively
<br />"County Enactments") originally enacted by the County. The forgoing exclusion
<br />does not include any Enactments that are subsequently adopted by reference by
<br />the City. Furthermore, the City shall protect, save harmless, indemnify and
<br />defend, at its own expense, the County, its elected and appointed officials,
<br />officers, employees, volunteers, and agents, from any loss, suit or claim
<br />(collectively "Claims") for damages of any nature whatsoever arising out of any
<br />known or unknown patent and latent defects in the real property, improvements,
<br />fixtures, and facilities thereon that are annexed as part of this Agreement.
<br />18.2 Indemnification of City. The County shall protect, save harmless, indemnify, and
<br />defend at its own expense, the City, its elected and appointed officials, officers,
<br />employees, volunteers, and agents from any loss, suit or claim (collectively
<br />"Claims") for damages of any nature whatsoever arising out of the County's
<br />performance of this Agreement, including claims by the County's employees or
<br />third parties, except for those damages caused solely by the negligence of the
<br />City, its elected and appointed officials, officers, employees, volunteers, or
<br />agents. The County's obligations under this Subsection 18.2 shall expressly
<br />exclude any Claims challenging or otherwise concerning the validity and/or
<br />substantive content of any ordinances, regulations, policies or rules (collectively
<br />"City Enactments") originally enacted by the City.
<br />18.3 Extent of liability. In the event of liability for damages of any nature whatsoever
<br />arising out of the performance of this Agreement by the Parties, including claims
<br />by the City's or the County's own officers, officials, employees, agents,
<br />volunteers, or third parties, caused by or resulting from the concurrent negligence
<br />of the Parties, their officers, officials, employees, and volunteers, each party's
<br />liability hereunder shall be only to the extent of that party's negligence.
<br />18.4 Industrial Insurance. For purposes of indemnification only, the parties, by mutual
<br />negotiation, hereby waive, as respects the other party only, any immunity that
<br />would otherwise be available against such claims under the industrial insurance
<br />provisions of Title 51 RCW.
<br />18.5 Hold harmless. No liability shall be attached to the City or the County by reason
<br />of entering into this Agreement except as expressly provided herein. The City
<br />shall hold the County harmless and defend at its expense any legal challenges to
<br />the City's requested mitigation and/or failure by the City to comply with Chapter
<br />82.02 RCW. The County shall hold the City harmless and defend at its expense
<br />any legal challenges to the County's requested mitigation or failure by the County
<br />to comply with Chapter 82.02 RCW. Furthermore, the City shall hold the County
<br />harmless and defend at its expense any and all claims for damages of any nature
<br />whatsoever arising out of any known or unknown patent and latent defects in the
<br />INTERLOCAL AGREEMENT Page 14 of 21
<br />BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY August 19, 2020
<br />CONCERNING THE SMITH ISLAND WEST ANNEXATION
<br />PURSUANT TO RCW 35.13.470
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