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8.4 Records. The parties shall maintain accurate time and accounting records <br /> related to the Services for a period of three(3)years following final payment. <br /> 9. Indemnification/Hold Harmless. <br /> Each party shall protect, defend, indemnify and save harmless the other party, its <br /> officers,officials,employees and agents while acting within the scope of their employment <br /> as such, from any and all suits, costs, claims, actions, losses, penalties,judgments, and/or <br /> awards of damages,of whatsoever kind arising out of, or in connection with,or incident to <br /> the services associated with this Agreement caused by or resulting from each party's own <br /> negligent acts or omissions. Each party agrees that it is fully responsible for the acts and <br /> omissions of its own subcontractors, their employees and agents, acting within the scope <br /> of their employment as such, as it is for the acts and omissions of its own employees and <br /> agents. Each party agrees that its obligations under this provision extend to any claim, <br /> demand, and/or cause of action brought by or on behalf of any of its employees, or agents. <br /> The foregoing indemnity is specifically and expressly intended to constitute a waiver of <br /> each party's immunity under Washington's Industrial Insurance act, RCW Title 51, as <br /> respects the other party only, and only to the extent necessary to provide the indemnified <br /> party 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 agreed <br /> upon by them. <br /> The provisions of this Section 9 shall survive the expiration or earlier termination <br /> of this Agreement. <br /> 10. Liability Related to Ordinances,Policies,Rules and Regulations. <br /> In executing this Agreement, the performing party does not assume liability or <br /> responsibility for or in any way release the requesting party from any liability or <br /> responsibility which arises in whole or in part from the existence or effect of the requesting <br /> party's ordinances, policies, rules or regulations. If any cause, claim, suit, action or <br /> administrative proceeding is commenced in which the enforceability and/or validity of any <br /> such ordinance, policy, rule or regulation is at issue, the requesting party shall defend the <br /> same at its sole expense and, if judgment is entered or damages are awarded against the <br /> City, the County, or both, the requesting party shall satisfy the same, including all <br /> chargeable costs and reasonable attorney's fees. <br /> 11. Insurance. <br /> Each party shall maintain its own insurance and/or self-insurance for its obligations <br /> from damage to property and/or injuries to persons arising out of its activities associated <br /> with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, <br /> or lack thereof of insurance and/or self-insurance shall not limit the liability of the <br /> indemnifying part to the indemnified party(s). Each Party shall provide the other with a <br /> certificate of insurance or letter of self-insurance annually as the case may be. <br /> (Rev. 10-2021)fNTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND 7 of 11 <br /> STREET SERVICES WITHIN THE CITY OF EVERETT <br />