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Both parties understand the County retains discretion regarding the operation and allocation <br /> of the aggregate information processing capacity at its disposal, including the capacity <br /> covered by this Agreement. County agrees to allocate sufficient capacity to meet the existing <br /> processing requirements of Everett. <br /> 8. County Review and Approval: Upon submittal of any request to execute a SWO or to <br /> perform optional services under any executed SWO, the County may, following review by <br /> the SCDOIT, agree to perform such work or reject it, or request such modification or <br /> additions as it deems appropriate. <br /> At the outset of performance of each SWO,or during performance of the SWO to the extent <br /> the same is modified by the Parties, the County will either accept or reject Everett systems <br /> and services as listed in the SWO. The County will not invoice Everett until the County has <br /> accepted service and/or system delivery responsibility. Everett is not required to pay for <br /> services or systems until the County accepts delivery responsibility for those services and/or <br /> systems. <br /> 9. Access to Books/Records: Each Party may, at reasonable times, and upon prior notification <br /> inspect the records of the other party relating to performance of this Agreement. County and <br /> Everett shall keep all records required by this contract in accordance with statutory archival <br /> requirements. <br /> 10. Indemnification and Hold Harmless: Subject to the liability limitation stated in Section 11 of <br /> this Agreement, Everett shall hold harmless, indemnify, and defend, at its own expense, <br /> the County SCDOIT,its elected and appointed officials,officers,employees and agents,from any loss or <br /> claim for damages of any nature whatsoever, arising out of Everett's performance of this <br /> Agreement, including claims by Everett's employees or third parties, except for those losses <br /> e k or claims for damages solely caused by the negligence or willful misconduct of the County, <br /> City Initials Ken d and appointed officials, officers, employees or agents. <br /> Klein MIT= <br /> County Initials <br /> Interlocal Agreement between Snohomish County and the City of Everett <br /> Page 6 <br />