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2025/04/30 Council Agenda Packet (2)
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2025/04/30 Council Agenda Packet (2)
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Council Agenda Packet
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4/30/2025
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<br />31 <br /> <br /> <br />performance of its obligations under this Agreement, except to the extent the injuries and <br />damages are caused solely by the acts of any Principal;; provided, that if any such Claim <br />is based on the concurrent negligence of Snohomish County 911 and a Principal, then the <br />indemnifying party’s obligation hereunder applies only to the extent of its negligence. <br /> <br />d. The Snohomish County 911 will hold harmless, indemnify and defend its <br />officers, officials, employees and volunteers from any and all legal liability, claims or <br />lawsuits of any kind for injuries, damages, losses of any kind occurring to another, <br />including attorney fees, which may arise out of the good faith performance of their duties <br />to the Snohomish County 911 and performed in the scope of their employment or service <br />to the Snohomish County 911, except to the extent the injuries, losses and/or damages are <br />caused by the intentional and knowing wrongful acts of any of the Snohomish County <br />911’s officers, officials, employees or volunteers. <br /> <br />e. Subscribers shall be required to agree to indemnify and hold harmless each <br />Principal and the Snohomish County 911, their officers, officials, employees and <br />volunteers from any and all claims, injuries, damages, losses or suits including attorney <br />fees, arising out of Subscriber’s negligent acts or omissions in connection with the receipt <br />of services from Snohomish County 911. To such degree as the Governing Board <br />determines to be reasonable, appropriate, and consistent with applicable law and to be in <br />the best interests of Snohomish County 911, Snohomish County 911 may also indemnify <br />and hold harmless Subscribers. <br /> <br />f. In the event of liability for damages arising out of bodily injury to persons <br />or damages to property caused by or resulting from the concurrent negligence of a party <br />hereto and the Snohomish County 911, its officers, officials, employees, and volunteers, <br />the party’s liability hereunder shall be only to the extent of the party’s negligence. It is <br />further specifically and expressly understood that the indemnification provided in this <br />Section constitutes the party’s waiver of immunity under Industrial Insurance Title 51 <br />RCW, solely for the purpose of this indemnification. This waiver has been mutually <br />negotiated by the parties. The provisions of this Section shall survive the expiration or <br />termination of this Agreement. <br /> <br />g. Each party shall give the other parties proper notice as provided herein of <br />any claim or suit coming within the purview of these indemnities. Termination of this <br />Agreement, a Principal’s withdrawal from the Snohomish County 911, or a Principal’s <br />conversion to Subscriber status (collectively for purposes of this subparagraph <br />“Termination”), shall not affect the continuing obligations of each of the parties as <br />indemnitors hereunder with respect to those indemnities and which shall have occurred <br />prior to such Termination.
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