Laserfiche WebLink
Page 3 of 4 <br />provision, and only to the extent of claims against Operator by the Port under such <br />indemnification provision, the Operator specifically waives any immunity it may be <br />granted under the Washington State Industrial Insurance Act, Title 51 RCW, The United <br />States Longshore and Harbor Workers Compensation Act, 33 USC §901-950, or any <br />other similar workers’ compensation schemes. The indemnification obligation under <br />this Agreement shall not be limited in any way by any limitation on the amount or type <br />of damages, compensation, or benefits payable to or for any third party under workers’ <br />compensation acts, disability benefit acts, or other employee benefit acts. The <br />foregoing provision was specifically negotiated and agreed upon by the parties hereto. <br />5.AUTHORITY: The undersigned is authorized to sign on behalf of, and obligate Operator <br />to, the terms and conditions of this Agreement. <br />6.CAPTIONS: The captions in this Agreement are for convenience only and do not in any <br />way limit or amplify the provisions of this Agreement. <br />7.INVALIDITY OF PARTICULAR PROVISIONS: If any term or provision of this <br />Agreement or the application thereof to any person or circumstance shall, to any extent, be <br />invalid or unenforceable, the remainder of this Agreement or the application of such term or <br />provision to persons or circumstances other than those as to which it is held invalid or <br />unenforceable shall not be effected thereby and shall continue in full force and effect. <br />8.ATTORNEYS' FEES: In the event either party finds it necessary to bring suit, action or <br />other proceeding at law or equity to interpret, enforce, or implement any of the terms of this <br />Agreement, then the substantially prevailing party in such action or proceeding shall be paid all <br />of its reasonable attorneys' fees and costs by the losing party. <br />9.GOVERNING LAW AND VENUE: This Agreement and any claim or dispute arising out <br />of this Agreement, whether in contract, tort or otherwise, shall be governed by and construed <br />in accordance with the laws of the State of Washington, without giving effect to its conflicts of <br />law principles. Venue shall be exclusively in Skagit County Superior Court. The parties <br />expressly waive the right to a trial by jury. <br />10.ENTIRE AGREEMENT; MODIFICATION; ASSIGNMENT: This Agreement constitutes <br />the entire agreement between the parties concerning the subject matter of this Agreement and <br />may not be modified except in writing signed by the parties. This Agreement may not be <br />assigned without the prior written consent of the other party.