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Data Sharing Addendum - 9 <br />6.20.23 <br />Delivered by email to the Director, and the Director specifically <br />acknowledges receipt of the notice in writing; or <br />The notice is physically delivered to both of following persons at the <br />following physical addresses: <br />Director of Information Technology <br />2930 Wetmore Ave <br />Everett, WA 98201 <br />City Clerk <br />2930 Wetmore Ave <br />Everett, WA 98201 <br />f.Indemnification: <br />(1) Receiving Party shall be responsible for and shall indemnify, <br />defend, and hold the City harmless from any and all claims, costs, <br />charges, penalties, demands, losses, liabilities, damages, <br />judgments, or fines, of whatsoever kind of nature, arising out of or <br />relating to (i) Receiving Party or any of its subcontractor’s <br />performance or failure to perform this Addendum, or b) the acts or <br />omissions of Receiving Party or any of its subcontractors. <br />(2) Receiving Party’s duty to indemnify, defend, and hold the City <br />harmless from any and all claims, costs, charges, penalties, <br />demands, losses, liabilities, damages, judgments, or fines shall <br />include the City’s personnel-related costs, reasonable attorney’s <br />fees, court costs, and all related expenses. <br />(3) Receiving Party waives its immunity under Title 51 RCW to the <br />extent it is required to indemnify, defend, and hold harmless the <br />City and its officials, agents, or employees. <br />(4) Nothing in this section shall be construed as a modification or <br />limitation on Receiving Party’s obligation to procure insurance in <br />accordance with this Addendum or the scope of such insurance. <br />g.Public Records Act. Receiving Party acknowledges that the City is <br />subject to the Public Records Act (Chapter 42.56 RCW). This Addendum <br />is a “public record” as defined in Chapter 42.56 RCW. Any documents or <br />information submitted to the City by Receiving Party may also be <br />construed as “public records” and therefore subject to public disclosure. <br />h.Signatures: The parties may execute this Addendum in multiple <br />counterparts, each of which is deemed an original and all of which <br />constitute only one Addendum. Signature on this Addendum may be by <br />pdf, email, fax or other electronic means, in which case such signature(s) <br />will have the same effect as an original ink signature. <br />h.Coordination of Agreement and Addenda: This Addendum is part of the <br />Agreement. In the event of any inconsistency between provisions of the