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r <br /> 5. Hold Harmless <br /> The City shall protect, save harmless, indemnify, and defend, at its own expense, the <br /> County, its elected and appointed officials, officers, employees, and agents, from any loss <br /> or claim for damages of any nature whatsoever, arising out of the performance of this <br /> agreement including claims by the City's employees or third parties, except for those <br /> damages solely caused by the negligence or willful misconduct of the County, its elected <br /> or appointed officials, officers, employees, or agents. The County shall protect, save <br /> harmless, indemnify, and defend, at its own expense, the City, its elected and appointed <br /> officials, officers, employees, and agents from any loss or claim for damages of any <br /> nature whatsoever, arising out of the performance of this agreement including claims by <br /> the County's employees or third parties, except for those damages solely caused by the <br /> negligence or willful misconduct of the City, its elected or appointed officials, officers, <br /> employees or agents. . In the event of concurrent negligence between the County and the <br /> City, each party shall bear its proportionate responsibility based on degree of fault. It is <br /> expressly understood and agreed by the parties hereto that no liability shall attach to the <br /> County or to the City by reason of entry into this agreement except as expressly provided <br /> herein. <br /> S. Compliance with Laws <br /> The County and City shall comply with all applicable federal, state, and county laws in <br /> performing this agreement. <br /> 7. Venue <br /> This agreement shall be governed by the laws of the State of Washington. The parties <br /> stipulate that any lawsuit regarding this agreement must be brought in Snohomish <br /> County. <br /> 8. Termination <br /> 8.1 Either party may terminate this agreement if the other party fails to cure any <br /> breach of its obligations hereunder within five working days of written notice to do so. In <br /> the event of such termination, the County shall pay the City only for the prorated costs of <br /> services accepted by County, in accord with the compensation schedule set forth in <br /> Section 3 above. <br /> S:IcontractlEverett Animal Sheltel2002-2005 Everett Shelter Contract 5 <br /> 01/0;/03 <br /> 6 J <br />