Laserfiche WebLink
7. <br />8. <br />9. <br />10. <br />11. <br />12. <br />13. <br />14. <br />15. <br />Indemnification and Hold Harmless. <br />a. Participant agrees to defend, indemnify and hold harmless the PUD and its officials, officers, employees and agents from and <br />against any and all losses, liabilities, taxes, damages, costs, fines, fees, expenses (including attorney's fees and expenses), claims, <br />or judgments (individually and collectively referred to as “Claims”) arising out of or in connection with Participant’s participation in the <br />Program and/or receipt of Program incentive(s). <br />b. The provisions of this section shall survive the expiration or termination of this Agreement. <br />Termination of Agreement. PUD may terminate this Agreement at any time by giving the Participant written notice of such <br />termination (email notification is acceptable ). <br />Remedies for violation of Term and/or Condition of Participation Agreement. Remedies for Violation of Term and <br />/or Condition of Participation Agreement. In addition to termination of this Agreement, Participant understands and agrees that if <br />Participant violates any of the terms and/or conditions of this Participation Agreement and/or Program, the PUD has the right to <br />recapture any incentive payment(s) made to Participant in addition to any other remedies available at law or in equity. Repayment by <br />Participant under this recapture provision shall occur within the time period specified by the PUD. <br />Non-Waiver. Failure of the PUD to insist upon strict performance of, or waiver by the PUD of any breach of any of the terms, <br />conditions, or obligations of this Agreement shall not be deemed a waiver of any other term, condition, covenant or obligation, or of <br />any subsequent default or breach of the same or any other term, condition, covenant or obligation herein contained. <br />Attorney's Fees. Each Party shall bear the costs of their attorney’s fees and costs incurred in any dispute between the PUD and <br />the Participant. <br />Fair Meaning. The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against <br />either party hereto because of authorship. This Agreement shall be deemed to have been drafted by both parties. <br />Serverability. <br />a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, <br />the validity of the remaining provisions shall not be affected, and the parties’ rights and obligations shall be construed and enforced <br />as if the Agreement did not contain the particular provision held to be invalid. <br />b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which <br />may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to <br />such statutory provision. <br />Governing Law and Venue. The validity, construction, performance and application of this Agreement shall be governed by <br />the laws of the state of Washington. Venue of any litigation shall be in the Superior Court of Snohomish County, Washington. <br />Binding Authority. The undersigned represent that they have full authority to enter into this Agreement and to bind the parties for <br />and on behalf of the person or legal entity set forth below. <br />By signing below, I certify that I have read, understand, and agree to the terms and conditions above. <br />Authorized Signature <br />//Usersig1// <br />Print Name <br />//Username1// <br />Version May 2025 - Effective Date May 1st, 2025 <br />Cassie Franklin, Mayor