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Subject to the liability limitations stated in Section 11 of this Agreement, County shall hold <br /> harmless, indemnify, and defend, at its own expense Everett, its elected and appointed <br /> officials, officers, employees and agents, from any loss or claim for damages of any nature <br /> whatsoever, arising out of County's performance of this Agreement, including claims by <br /> County employees or third parties,except for those losses or claims for damages solely caused <br /> by the negligence or willful misconduct of Everett,its elected and appointed officials,officers, <br /> employees or agents. <br /> Subject to the liability limitations stated in Section 11 of this Agreement, in the event of <br /> liability for damages of any nature whatsoever arising out of the performance of this <br /> Agreement by Everett and County,including claims by Everett's and County's own officers, <br /> officials, employees, agents, volunteers, or third parties, caused by or resulting from the <br /> concurrent negligence of Everett and the County, their officers, officials, employees, agents <br /> and volunteers, each party's liability hereunder shall only be to the extent of that party's <br /> negligence. <br /> 11. Limitation of Liability: In no event will County or Everett be liable for any special, <br /> consequential, indirect, punitive or incidental damages, including but not limited to loss of <br /> data,loss of revenue, or loss of profits,arising out of or in connection with the performance <br /> of the County or Everett under this Agreement or any SWO hereunder,even if the County or <br /> Everett has been advised of the possibility of such damages. <br /> 12. Compliance with Laws: The County and Everett shall comply with all applicable federal, <br /> state and local laws,rules,and regulations in performing this Agreement.Everett will comply <br /> with SCDOIT procedures and policies related to technology management and use of <br /> applicable County systems,applications and services. <br /> 13. Non-assignment: The County and Everett shall not assign any of the rights, duties, or <br /> obligations covered by this Agreement without the prior express written request and consent <br /> of the other party. <br /> Interlocal Agreement between Snohomish County and the City of Everett <br /> Page 7 <br />