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1 7. Indemnifications. <br /> 2 7.1 The County shall indemnify and hold harmless and defend Everett <br /> 3 against any and all claims by third parties arising out of the County's operations <br /> 4 of the System, and have the right to settle those claims by third parties, <br /> 5 recognizing that all costs incurred by the County thereby are System costs which <br /> 6 must be satisfied from disposal rates. In providing a defense for Everett, the <br /> 7 County shall exercise good faith in that defense or settlement so as to protect <br /> 8 Everett's interests. The County's agreement to indemnify Everett for any and all <br /> 9 claims arising out of the County's operation of the System extends to all claims <br /> 10 caused by the actions of officers or agents of the County, including but not limited <br /> 11 to actions which constitute misfeasance, or intentional misconduct or wrongdoing, <br /> 12 even if the cost of such claims is held by a court of competent jurisdiction to not <br /> 13 be a proper cost to the System. For the purpose of this paragraph, "claims arising <br /> 14 out of the County's operations" shall include claims arising out of the ownership, <br /> 15 control or maintenance of the System, but shall not include the claims arising out <br /> 16 of collection of solid waste within Everett prior to its delivery to a disposal site <br /> 17 designated by the County or other activities under the control of Everett. <br /> 18 7.2 If the County acts to defend Everett against a claim, Everett shall <br /> 19 cooperate with the County. <br /> 20 7.3 For purposes of this section, reference to a City or Town and to the <br /> 21 County shall be deemed to include the officers, agents and employees of any such <br /> 22 party, acting within the scope of their authority. <br /> 6 <br /> ILA BETWEEN SNO.CO. &EVERETT <br /> RE:SOLID WASTE MANAGEMENT <br />