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8.4 If the parties are still unable to resolve the dispute, either party may file a
<br /> lawsuit in the Superior Court in Snohomish County.
<br /> Section 9. Miscellaneous
<br /> 9.1 Liability
<br /> No liability shall be attached to the City or the County by reason of entering
<br /> into this Agreement except as expressly provided herein. The City shall hold
<br /> the County harmless and defend at its expense any legal challenges to the
<br /> City's requested mitigation and/or allegations alleging failure by the City to
<br /> comply with chapter 82.02 RCW. The County shall hold the City harmless
<br /> and defend at its expense any legal challenges to the County's requested
<br /> mitigation and/or allegations alleging failure by the County to comply with
<br /> chapter 82.02 RCW
<br /> 9.2 Indemnification and Hold Harmless
<br /> 9.2.1 The County shall protect, save harmless, indemnify, and defend at its
<br /> own expense, the City, its elected and appointed officials, officers,
<br /> employees and agents from any loss or claim for damages of any
<br /> nature whatsoever arising out of any act or omission of the County, its
<br /> officers, directors, agents, employees or contractors arising out of or
<br /> related to the County's performance of this Agreement, including
<br /> claims by the County's agents, employees or third parties, except for
<br /> those damages to the extent caused by the negligence or willful
<br /> misconduct of the City, its elected and appointed officials, officers,
<br /> employees, or agents. For the purpose of this indemnification, the
<br /> County waives its immunity, as respects the City only,under any
<br /> industrial insurance act, including Title 51 RCW, or other Worker's
<br /> Compensation act. The parties have mutually negotiated this waiver.
<br /> 9.2.2 The City shall protect, save harmless, indemnify and defend, at its own
<br /> expense, the County, its elected and appointed officials, officers,
<br /> employees and agents, from any loss or claim for damages of any
<br /> nature whatsoever arising out of any act or omission of the City, its
<br /> officers, directors, agents, employees or contractors arising out of or
<br /> related to the City's performance of this Agreement, including claims
<br /> by the City's agents, employees or third parties, except for those
<br /> damages to the extent caused by the negligence or willful misconduct
<br /> of the County, its elected and appointed officials, officers, employees,
<br /> or agents. For the purpose of this indemnification, the City waives its
<br /> immunity, as respects the County only,under any industrial insurance
<br /> act, including Title 51 RCW, or other Worker's Compensation act. The
<br /> parties have mutually negotiated this waiver.
<br /> INTERLOCAL AGREEMENT FOR
<br /> IMPLEMENTATION OF THE SMITH ISLAND RESTORATION PROJECT PAGE 13
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