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<br /> judgment be adverse to City of Everett, or City of Everett and PSE jointly, PSE will
<br /> promptly satisfy the same.
<br /> PSE includes PSE, its employees, agents, representatives and subcontractors. If,
<br /> and to the extent, PSE employs or engages subcontractors, then PSE shall ensure that
<br /> each such subcontractor(and subsequent tiers of subcontractors) shall expressly agree to
<br /> defend and indemnify City of Everett to the extent and on the same terms and conditions
<br /> as PSE pursuant to this section.
<br /> PSE will indemnify, defend, and hold Snohomish harmless from any and all
<br /> losses, claims, actions, damages and expenses arising out of or resulting from, PSE's
<br /> negligence or willful misconduct under this Agreement except to the extent that such
<br /> losses, claims, actions, damages and expenses are caused by or arise out of the negligence
<br /> of Snohomish. In the event that any suit based upon such losses, claims, actions,
<br /> damages, or expenses is brought against Snohomish, PSE upon notice of the
<br /> commencement thereof, will defend the same at its sole cost and expense, and if final
<br /> judgment be adverse to Snohomish, or Snohomish and PSE jointly, PSE will promptly
<br /> satisfy the same.
<br /> 8.2 By City of Everett
<br /> City of Everett will indemnify, defend, and hold PSE harmless from any and all
<br /> losses, claims, actions, damages and expenses arising out of or resulting from City of
<br /> Everett's negligence or willful misconduct under this Agreement except to the extent that
<br /> such losses, claims, actions, damages and expenses are caused by or arise out of the
<br /> negligence of PSE. In the event that any suit based upon such losses, claims, actions,
<br /> damages, or expenses is brought against PSE, City of Everett upon notice of the
<br /> commencement thereof, will defend the same at its sole cost and expense, and if final
<br /> judgment be adverse to PSE, or City of Everett and PSE jointly, City of Everett will
<br /> promptly satisfy the same.
<br /> City of Everett will indemnify, defend, and hold Snohomish harmless from any
<br /> and all losses, claims, actions, damages and expenses arising out of or resulting from City
<br /> of Everett's negligence or willful misconduct under this Agreement except to the extent
<br /> that such losses, claims, actions, damages and expenses are caused by or arise out of the
<br /> negligence of Snohomish. In the event that any suit based upon such losses, claims,
<br /> actions, damages, or expenses is brought against Snohomish, City of Everett upon notice
<br /> of the commencement thereof, will defend the same at its sole cost and expense, and if
<br /> final judgment be adverse to Snohomish, or City of Everett and Snohomish jointly, City
<br /> of Everett will promptly satisfy the same.
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