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SUBAWARD AGREEMENT BETWEEN SNOHOMISH COUNTY AND <br />CITY OF EVERETT FOR ROUTE AND COST BENEFIT ANALYSIS TO Page 7 of 17 <br />RELOCATE WATER TRANSMISSION LINE NO. 5 <br /> <br /> <br />16. RIGHTS AND REMEDIES <br />A. In no event shall any payment by the County to the City constitute a waiver by the <br />County of any breach of covenant or any default that may exist on the part of the City. <br />The making of any such payment by the County while any such breach or default exists <br />shall in no way impair or prejudice any of the County’s rights and remedies, hereby <br />expressly recognized, to recover payments or portions thereof, to which the City was <br />not entitled under this Agreement, where any payments were made by mistake, or to <br />pursue any other remedy available to the County with respect to breach or default of <br />this Agreement. <br /> <br />B. In the event the County terminates this Agreement pursuant to Sections 14, the County <br />will not be held liable for any monetary loss incurred by the City due to termination. <br /> <br />17. HOLD HARMLESS <br /> <br />A. The City agrees to protect, defend and hold harmless the County, its elected and <br />appointed officials, employees and agents, from and against all claims, demands and <br />causes of action of any kind or character, including any cost of defense and attorney’s <br />fees, arising out of any actions, errors or omissions of the City, its officials, employees <br />and agents in performing this Agreement except for those arising out of the negligence <br />of the County. This indemnification obligation shall include, but is not limited to, all <br />claims against the County by an employee or former employee of the City, and the <br />City, by mutual negotiation, expressly waives all immunity and limitation on liability, <br />as respects the County only, under any industrial insurance act, including Title 51 <br />RCW, other Worker’s Compensation act, disability benefit act, or other employee <br />benefit act of any jurisdiction which would otherwise be applicable in the case of such <br />claim. <br /> <br />B. In the event that the County incurs any judgment, award and/or cost including <br />reasonable attorney’s fees arising from the provisions of this subsection, or to enforce <br />the provisions of this subsection, any such judgment, award, fees, expenses and costs <br />shall be recoverable from the City. In the event of litigation between the parties to <br />enforce the rights under this subsection, reasonable attorney fees shall be allowed to <br />the substantially prevailing party. <br />C. Nothing contained within this Section shall affect and/or alter the application of any <br />other term or condition of this Agreement. This hold harmless agreement and waiver <br />of immunity was mutually and expressly negotiated and agreed between the County <br />and the City. The indemnification, protection, defense and save harmless obligations <br />contained herein shall survive the expiration, abandonment or termination of this <br />Agreement.