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33. Hold Harmless, Defense, and Indemnification. SCORE shall hold harmless,
<br /> defend, and indemnify the City, its elected officials, officers, employees, and agents from
<br /> and against any and all suits, actions, claims, liability, damages,judgments, costs and
<br /> expenses (including reasonable attorney's fees) (also including but not limited to claims
<br /> related to false arrest or detention, alleged mistreatment, alleged violation of civil rights,
<br /> injury, or death of any City Inmate, or loss or damage to City Inmate property while in
<br /> SCORE custody) that result from or arise out of the acts or omissions of SCORE, its
<br /> elected officials, officers, employees, and agents in connection with or incidental to the
<br /> performance or non-performance of SCORE's services, duties, and obligations under this
<br /> Agreement.
<br /> The City shall hold harmless, defend, and indemnify SCORE, its elected officials, officers,
<br /> employees, and agents from and against any and all suits, actions, claims, liability,
<br /> damages, judgments, costs and expenses (including reasonable attorney's fees) (also
<br /> including but not limited to claims related to false arrest or detention, alleged mistreatment,
<br /> alleged violation of civil rights, injury, or death of any City Inmate, or loss or damage to
<br /> City Inmate property while in SCORE custody) that result from or arise out of the acts or
<br /> omissions of the City, its elected officials, officers, employees, and agents in connection
<br /> with or incidental to the performance or non-performance of the City's services, duties,
<br /> and obligations under this Agreement.
<br /> In the event the acts or omissions of the officials, officers, agents, and/or employees of
<br /> both the City and SCORE in connection with or incidental to the performance or non-
<br /> performance of the City's and or SCORE's services, duties, and obligations under this
<br /> Agreement are the subject of any liability claims by a third party, the City and SCORE
<br /> shall each be liable for its proportionate concurrent negligence in any resulting suits,
<br /> actions, claims, liability, damages, judgments, costs and expenses and for their own
<br /> attorney's fees.
<br /> Nothing contained in this section or this Agreement shall be construed to create a right in
<br /> any third party to indemnification or defense.
<br /> SCORE and the City hereby waive, as to each other only, their immunity from suit under
<br /> industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by
<br /> the parties hereto.
<br /> The provisions of this section shall survive any termination or expiration of this Agreement.
<br /> 34. Iansurance. SCORE and the City shall provide each other with evidence of insurance
<br /> coverage, in the form of a certificate or other competent evidence from an insurance
<br /> provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in
<br /> this Agreement.
<br /> SCORE and the City shall each maintain throughout the term of this Agreement coverage
<br /> in minimum liability limits of one million dollars ($1,000,000) per occurrence and two
<br /> million dollars ($2,000,000) in the aggregate for its liability exposures, including
<br /> comprehensive general liability, errors and omissions, auto liability and police professional
<br /> liability. The insurance policies shall provide coverage on an occurrence basis. So long
<br /> as the City maintains its customary self-insurance program (which as of October 1, 2015
<br /> includes a $1.25 million self-insured retention and two excess liability insurance layers
<br /> totaling $30 million above that retention), the City has no obligation to maintain the
<br /> coverage required under this Section.
<br /> 35. Termination.
<br /> Agreement Between City of Everett and South Correctional Entity
<br /> Page 7
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