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The City acknowledges and agrees that its obligations under this Section 8 will survive <br /> termination of this Agreement. <br /> 9. Risk of Loss. All of the City's personal property of any kind or description <br /> whatsoever,or that of its employees, agents, contractors, and/or invitees placed on the <br /> Property shall be at the City's sole risk, and the County will not be liable for any damage <br /> done to, or loss of, such personal property. <br /> 10. Public Records Act. This Agreement and all public records associated with <br /> this Agreement shall be available from the County for inspection and copying by the <br /> public where required by the Public Records Act, Chapter 42.56 RCW(the "Act"). To the <br /> extent that public records then in the custody of the City are needed for the County to <br /> respond to a request under the Act, as determined by the County, the City agrees to <br /> make them promptly available to the County. If the City considers any portion of any <br /> record provided to the County under this Agreement,whether in electronic or hard copy <br /> form, to be protected from disclosure under law, the City shall clearly identify any <br /> specific information that it claims to be confidential or proprietary. If the County <br /> receives a request under the Act to inspect or copy the information so identified by the <br /> City and the County determines that release of the information is required by the Act or <br /> otherwise appropriate,the County's sole obligations shall be to notify the City(a) of the <br /> request and(b)of the date that such information will be released to the requester unless <br /> the City obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If <br /> the City fails to timely obtain a court order enjoining disclosure, the County will release <br /> the requested information on the date specified. <br /> The County has, and by this section assumes, no obligation on behalf of the City to claim <br /> any exemption from disclosure under the Act. The County shall not be liable to the City <br /> for releasing records not clearly identified by the City as confidential or proprietary. The <br /> County shall not be liable to the City for any records that the County releases in <br /> compliance with this Section or in compliance with an order of a court of competent <br /> jurisdiction. <br /> 11. Hold Harmless and Indemnification. The City shall assume the risk of, be <br /> liable for, and pay all damage, loss, costs and expense of any party arising out of the <br /> activities under this Agreement and all use of any improvements it may place on the <br /> Property. The City shall hold harmless, indemnify and defend the County, its officers, <br /> elected and appointed officials,employees and agents from and against all claims, losses, <br /> lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or <br /> decrees by reason of damage to any property or business and/or any death, injury or <br /> disability to or of any person or party, including but not limited to any employee, arising <br /> out of or suffered,directly or indirectly,by reason of or in connection with the acquisition <br /> or use of the Properties and this Agreement; PROVIDED,that the above indemnification <br /> does not apply to those damages caused by the sole negligence or willful misconduct of <br /> the County, its elected and appointed officials, officers, employees or agents. <br /> Interlocal Cooperation Agreement between Snohomish County and City of Everett <br /> Concerning Acquisition of Property with Conservation Futures Funds Page 5 of 9 <br />