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THE CITY MAKES NO WARRANTY OF ANY KIND, <br /> WHETHER EXPRESS, IMPLIED, STATUTORY OR <br /> OTHERWISE, INCLUDING WITHOUT LIMITATION <br /> WARRANTIES OF MERCHANTABILITY OR FITNESS FOR <br /> A PARTICULAR PURPOSE. <br /> 4. Sole Risk. <br /> ANY RESALE OR USE OF THE TASERS BY <br /> PURCHASER IS AT THE SOLE RISK OF PURCHASER. <br /> 5. Indemnity. <br /> Purchaser hereby agrees to defend, indemnify and hold the City harmless from any and <br /> all claims, liabilities and losses arising from or relating to resale or use of any of the Tasers after <br /> Purchaser takes possession of the Tasers. <br /> 6. Waiver and Release. <br /> Purchaser hereby releases and fully and forever discharges the City from any and all <br /> claims, demands, debts, guarantees,liabilities, obligations,liens, general, special or <br /> consequential damages,losses, or potential losses,through any and all actions or causes of action <br /> of any nature whatsoever,whether known or unknown,foreseen or unforeseen, at law or in <br /> equity or by statute,that Purchaser now has or that may subsequently accrue to Purchaser,that <br /> are based upon, arise out of or in any way relate to the Tasers,including without limitation any <br /> and all such claims, demands, debts, guarantees,liabilities,obligations, liens, damages or losses <br /> based upon, arising out of or in any way relating to (A)this Agreement, (B)personal injuries <br /> caused by the Tasers or(C)the Tasers being dangerous,unsafe or not in working order. <br /> 7. General Provisions. <br /> The laws of the State of Washington,without giving effect to principles of conflict of laws, <br /> govern all matters arising out of or relating to this Agreement. The parties shall bring any litigation <br /> arising out of or relating to this Agreement only before the Snohomish County Superior Court. <br /> This Agreement constitutes the entire agreement of the parties relating to the subject matter of this <br /> Agreement. This Agreement supersedes and replaces all other written or oral agreements thereto. <br /> No amendment to this Agreement will be effective unless in writing and signed by the Mayor of <br /> the City and by the authorized representatives of the other party <br /> [REST OF PAGE BLANK; SIGNATURES FOLLOW] <br /> Taser Agreement—Page 2 <br />