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defend the County, its officers, elected and appointed officials, employees and agents
<br /> from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs,
<br /> expenses, damages, judgments, or decrees by reason of damage to any property or
<br /> business and/or any death, injury or disability to or of any person or party, including but
<br /> not limited to any employee, arising out of or suffered, directly or indirectly, by reason of
<br /> or in connection with the acquisition or use of the Property and the execution of the
<br /> Project contemplated by this Agreement; PROVIDED, that the above indemnification
<br /> does not apply to those damages solely caused by the negligence or willful misconduct of
<br /> the County, its elected and appointed officials, officers, employees or agents.
<br /> 8. Liability Related to City Ordinances, Policies, Rules and Regulations.
<br /> In executing this Agreement, the • County does not assume liability or
<br /> responsibility for or in any way release the City from any liability or responsibility which
<br /> arises in whole or in part from the existence or effect of City ordinances,policies, rules or
<br /> regulations. If any cause, claim, suit, action or administrative proceeding is commenced
<br /> in which the enforceability and/or validity of any such City ordinance, policy, rule or
<br /> regulation is at issue, the City shall defend the same at its sole expense and, if judgment
<br /> is entered or damages are awarded against the City, the County, or both, the City shall
<br /> satisfy the same, including all chargeable costs and reasonable attorney's fees.
<br /> 9. Insurance.
<br /> The City shall procure and maintain for the duration of this Agreement, insurance
<br /> against claims for injuries to persons or damages to property which may arise from, or in
<br /> connection with exercise of the rights and privileges granted by this Agreement, by the
<br /> City, its agents, representatives, employees/subcontractors. The cost of such insurance
<br /> shall be paid by the City.
<br /> 9.1 Minimum Scope and Limits of Insurance. General Liability: Insurance
<br /> Services Office Form No. CG 00 01 Ed. 11-88, covering COMMERCIAL GENERAL
<br /> LIABILITY with limits no less than$1,000,000 combined single limit per occurrence for
<br /> bodily injury, personal injury, and property damage.
<br /> 9.2 Other Insurance Provisions. Coverage shall be written on an
<br /> "Occurrence" form. The insurance policies required in this Agreement are to contain or
<br /> be endorsed to contain the County, its officers, officials, employees, and agents as
<br /> additional insureds as respects liability arising out of activities performed by or on behalf
<br /> • of the City in connection with this Agreement. •
<br /> 9.3 Verification of Coverage. The City shall furnish the County with
<br /> certificate(s) of insurance and endorsement(s) required by this Agreement.
<br /> 9.4 In lieu of the insurance required in this Section 9, the City may, upon
<br /> request of and acceptance by the County,provide the County a letter certifying the City's
<br /> self-insurance program.
<br /> INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EVERETT
<br /> FOR PROJECT FUNDING 5 of 16
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