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such indemnification includes without limitation(1)the City's costs for defending the <br /> lawsuit and any appeals (including attorney fees and costs and including settlement costs) <br /> and(2) any judgment against the City, including without limitation amounts awarded for <br /> the requester's attorney fees, costs and daily penalties as allowed by RCW 42.56.550. <br /> 3. Right to Intervene and Control Litigation. If a lawsuit is filed against the <br /> City arising from or relating to the City's redaction of the trade secret information, and <br /> CAREMARK/CVS intervenes in the litigation,the City will allow CAREMARK/CVS <br /> reasonably manage the litigation to protect its trade secrets. If CAREMARK/CVS elects <br /> to allow the trade secret information to be disclosed to end the litigation,the City will <br /> cooperate and not seek to continue the litigation. <br /> 4. General Provision. This Indemnity Agreement is the complete agreement <br /> the parties as to the subject matter hereof. No amendment of this Indemnity Agreement <br /> is effective unless in writing and signed by the Mayor of the City and an authorized <br /> representative of CAREMARK/CVS. This Indemnity Agreement is governed by the law <br /> of the State of Washington. Exclusive venue for any lawsuit arising from or relating to <br /> this Indemnity Agreement is Snohomish County Superior Court. This Indemnity <br /> Agreement may be signed in counterparts. This Indemnity Agreement may be signed by <br /> electronic signature or other electronic means. <br /> CITY OF EVERETT Johie <br /> WASHINGTON + <br /> CAREMARK/CVS <br /> By: Signature: ? DJ <br /> Cassie Franklin, Mayor Typed/Printe Name: Edward DeV. 1(. /,/'. �� Title: Group Head,Employer Sales <br /> Date �( October 22,2020 <br /> Date <br /> ATTE T: <br /> Sharon Finer, Cjty Clerk <br /> Date: t`— 2-0 <br /> APPROVED AS TO FORM: <br /> Office of the City Attorney <br /> APPROVED AS TO FORM <br /> David C.Hail,City Attorney <br /> David C. Hall, City Attorney <br /> Date: L( �� ZA <br />