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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 "County Enactments") originally enacted by the County.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 "City Enactments") originally enacted by the City.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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