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5 <br /> 8.3 By Snohomish <br /> Snohomish will indemnify, defend, and hold PSE harmless from any and all <br /> losses, claims, actions, damages and expenses arising out of or resulting from <br /> Snohomish'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 PSE. In the event that any suit based upon such losses, claims, actions, <br /> damages, or expenses is brought against PSE, Snohomish 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 Snohomish and PSE jointly, Snohomish will promptly <br /> satisfy the same. <br /> Snohomish will indemnify, defend, and hold City of Everett harmless from any <br /> and all losses, claims, actions, damages and expenses arising out of or resulting from <br /> Snohomish'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 City of Everett. In the event that any suit based upon such losses, claims, <br /> actions, damages, or expenses is brought against City of Everett, Snohomish 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 City of Everett, or Snohomish and City of Everett jointly, <br /> Snohomish will promptly satisfy the same. <br /> Section 9. Subcontracting <br /> PSE may subcontract or delegate performance of the Pre-Rinse Spray Head <br /> Program Services to any company without further authorization from City of Everett or <br /> Snohomish. Any such delegation or subcontracting of performance of any of the <br /> Customer Care Services to a third party will not relieve PSE of its obligation to perform <br /> - the Pre-Rinse Spray Head Program Services in accordance with this Agreement. <br /> Section 10. Notices <br /> Any notice, request or other communication specifically provided for under <br /> this Agreement will be provided in writing and will be delivered in person, by <br /> first-class U.S. mail, stamped with the required postage, via facsimile, accompanied <br /> by confirmation of receipt, or by express mail or similar form of overnight delivery, <br /> in each case properly addressed to the recipient specified below: <br /> Puget Sound Energy, Inc. <br /> If to PSE: P.O. Box 90868 BOT-01G <br /> Bellevue, WA 98009-0868 <br /> Attn: Doug Dickson <br /> If to City of Everett: City of Everett <br /> 1400 112t Ave, SE, Ste. 220 <br /> PAGE 10 2 0 <br />