|
damages is brought against the City, the County shall defend the same at its sole cost
<br /> and expense;provided that the City reserves the right to participate in said suit if any
<br /> principle of governmental or public law is involved; and if final judgment in said suit
<br /> be rendered against the City, and its officers, agents, and employees, or any of them,
<br /> or jointly against the City and the County and their respective officers, agents, and
<br /> employees, or any of them,the County shall satisfy the same.
<br /> B. The City shall indemnify and hold harmless the County and its officers, agents, and
<br /> employees,or any of them from any and all claims, actions,suits,liability,loss, costs,
<br /> expenses, and damages of any nature whatsoever, by any reason of or arising out of
<br /> any negligent act or omission of the City, its officers, agents, and employees, or any
<br /> of them relating to or arising out of performing services pursuant to this Agreement.
<br /> In the event that any suit based upon such a claim, action,loss,or damages is brought
<br /> against the County, the City shall defend the same at its sole cost and expense;
<br /> provided that the County reserves the right to participate in said suit if any principle
<br /> of governmental or public law is involved; and if final judgment be rendered against
<br /> the County, and its officers, agents, and employees, or any of them, or jointly against
<br /> the County and the City and their respective officers, agents, and employees, or any
<br /> of them, the City shall satisfy the same,
<br /> C. In executing this agreement,the County does not assume Iiability or responsibility for
<br /> or in any way release the City from any liability or responsibility which arises in
<br /> 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
<br /> commenced in which the enforceability and/or validity of any such City ordinance,
<br /> policy,rule or regulation is at issue, the City shall defend the same at its sole expense
<br /> and, if judgment is entered or damages are awarded against the City, the County, or
<br /> both, the City shall satisfy the same, including all chargeable costs and reasonable
<br /> •
<br /> attorney's fees.
<br /> D. The foregoing indemnity is specifically intended to constitute a waiver of each party's
<br /> immunity under Washington's Industrial Insurance Act, Title 51 RCW, as respects
<br /> the other party only, and only to the extent necessary to provide the indemnified party
<br /> with a full and complete indemnity of claims made by the indemnitor's employees.
<br /> The parties acknowledge that these provisions were specifically negotiated and !'
<br /> agreed upon by them.
<br /> E. Should a court of competent jurisdiction determine this Agreement is subject to the
<br /> provisions of RCW 4.24.115, then each party shall protect, defend, indemnify, and
<br /> hold harmless the other, their officers, officials, employees, and agents, from any and
<br /> all claims, demands, suits,penalties,losses, damages,judgments, or costs of any kind
<br /> whatsoever (hereinafter "claims"), arising out of or in any way resulting from the
<br /> Indemnifying party's officers, employees, agents, and/or subcontractors of all tiers,
<br /> acts or omissions,performance or failure to perform this Agreement,to the maximum
<br /> INTERLOCAL AGREEMENT Page 8 of 14
<br /> BETWEEN SNOHOMISH COUNTY AND THE CITY OF EVERETT
<br /> FOR TRAFFIC CONTROL DEVICE AND STREET LIGHT MAINTENANCE,
<br /> ENGINEERING AND CONSTRUCTION SERVICES
<br />
|