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Section 16. Hold Harmless,Defense,and Indemnification. SCORE shall hold harmless,defend,
<br /> and indemnify the Contract Agency, its elected officials, officers, employees, and agents from and
<br /> against any and all suits, actions, claims, liability, damages, judgments, costs and expenses
<br /> (Including reasonable attorney's fees) (also including but not limited to claims related to false
<br /> arrest or detention, alleged mistreatment, alleged violation of civil rights, injury, or death of any
<br /> Contract Agency Inmate, or loss or damage to Contract Agency Inmate property while in SCORE
<br /> custody)that result from or arise out of the acts or omissions of SCORE,its elected officials,officers,
<br /> employees,and agents in connection with or incidental to the performance or non-performance of
<br /> SCORE's services,duties,and obligations under this Agreement.
<br /> The Contract Agency shall hold harmless, defend, and indemnify SCORE, its elected officials,
<br /> officers, employees, and agents from and against any and all suits, actions, claims, liability,
<br /> damages,judgments,costs and expenses(including reasonable attorney's fees)(also including but
<br /> not limited to claims related to false arrest or detention, alleged mistreatment,alleged violation of
<br /> civil rights(unless the Contract Agency has affirmatively notified SCORE in writing that a probable
<br /> cause determination has been made within 48 hours of the arrest of the person bringing the claim),
<br /> injury, or death of any Contract Agency Inmate, or loss or damage to Contract Agency Inmate
<br /> property while in SCORE custody) that result from or arise out of the acts or omissions of the
<br /> Contract Agency, its elected officials, officers, employees, and agents in connection with or
<br /> incidental to the performance or non-performance of the Contract Agency's services, duties, and
<br /> obligations under this Agreement.
<br /> In the event the acts or omissions of the officials, officers, agents, and/or employees of both
<br /> the Contract Agency and SCORE in connection with or incidental to the performance or non-
<br /> performance of the Contract Agency's and or SCORE's services, duties, and obligations under this
<br /> Agreement are the subject of any liability claims by a third party,the Contract Agency and SCORE
<br /> shall each be liable for its proportionate concurrent negligence in any resulting suits, actions,
<br /> claims,liability,damages,judgments,costs and expenses and for their own attorney's fees.
<br /> Nothing contained in this section,or this Agreement shall be construed to create a right in
<br /> any third party to indemnification or defense.
<br /> SCORE and the Contract Agency hereby waive, as to each other only,their immunity from
<br /> suit under industrial insurance,Title 51 RCW, This waiver of immunity was mutually negotiated by
<br /> the Parties hereto.
<br /> The provisions of this section shall survive any termination or expiration of this Agreement.
<br /> Section 3. Entire Agreement. Except as hereby amended and restated by this Amendment,
<br /> the remaining terms and conditions of the Original Agreement are hereby ratified and confirmed in all
<br /> respects.
<br /> Section 4. Severabllity. The invalidity or unenforceability of any provision hereof as to any
<br /> one or more jurisdictions shall not affect the validity or enforceability of the balance of the Agreement as
<br /> to such jurisdiction or jurisdictions, or affect in any way such validity or enforceability as to any other
<br /> jurisdiction.
<br /> Section 5. Headings. The captions in this Amendment are for convenience of reference only
<br /> and shall not define or limit the provisions hereof.
<br /> 2022 AMENDMENTTO INTERLOCAL AGREEMENT FOR INMATE HOUSING Page 2
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