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5 <br />number and driver’s license number of any person reclaiming an Animal during the invoice <br />period. The invoice shall include a detailed list of any Animal that incurred other fees or <br />charges during the invoice period, including any Animal held pursuant to section I.F.3., the <br />number of billable nights held, and the name of the Participating Jurisdiction’s Animal Control <br />Officer or other representative requesting the hold or other activity. <br />E. Everett must maintain adequate records to support billings for a period of six (6) <br />years after the date of billing. Participating Jurisdiction or any of its duly authorized <br />representatives shall have access to any books, documents, papers and records of Everett <br />which are directly related to this Agreement for the purposes of audit examinations. <br />IV. Termination. <br />Either party may terminate this Agreement, for any reason, by sixty (60) days’ written <br />notice to the other party. <br />V. Indemnification. <br />A. Each party agrees to defend, indemnify and hold harmless the other party from <br />any and all claims arising out of, in connection with, or incident to its conduct relating to this <br />Agreement. A party shall not indemnify the other party for the other party’s sole negligence. If <br />a claim is caused by or results from the conduct of both parties, each party shall be responsible <br />to the extent of its fault. <br />B. As used in this paragraph, “claims” include, but are not limited to, any and all <br />losses, claims, demands, expenses (including, but not limited to, attorney’s fees and litigation <br />expenses), suits, judgments, or damages, irrespective of the type of relief sought or demanded, <br />such as money or injunctive relief, and irrespective of whether the damage alleged is bodily <br />injury, damage to property, economic loss, general damages, special damages, or punitive <br />damages. “Party” includes Everett, Participating Jurisdiction and their employees, volunteers, <br />officers, representatives, and elected officials. <br />VI. Miscellaneous. <br />A. Notices. Notices to the parties shall be sent to the notice addresses in the Basic <br />Provisions. <br />B. Construction. Each party acknowledges that it has read this Agreement, <br />understands it and agrees to be bound by its terms. Each party acknowledges that the <br />Agreement should not be strictly construed against one party or the other, but interpreted <br />reasonably and fairly so as to give effect to the manifest intentions of the parties. <br />C. Modification. This Agreement may not be modified except by a written <br />instrument duly executed by the parties hereto. <br />D. Severability. In the event that any provision of this Agreement is held invalid, <br />void, illegal or unenforceable, the remainder of this Agreement shall not be impaired or <br />affected thereby, and each term, provision, and part shall continue in full force and effect and <br />shall be interpreted in a manner consistent with the intent of the parties.