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<br /> d. Work Order number
<br /> e. If the District hires a contractor do the work, an itemized invoice from the
<br /> contractor to the District
<br /> 4.8 Where possible, the District will provide water consumption data to the City to
<br /> help verify the water savings. This will include one year of pre-installation data and two
<br /> years of post installation data.
<br /> 5. LEGAL RELATIONS,INDEMNIFICATION AND LIABILITY
<br /> 5.1 This Agreement does not modify or supersede existing laws and statutes. In
<br /> meeting the commitments encompassed in this Agreement, all parties shall comply with
<br /> the requirements of federal, state or local law. The District and City retain the ultimate
<br /> authority for legislative and administrative decisions within their respective jurisdictions.
<br /> By executing this Agreement,the District and City do not purport to abrogate the
<br /> decision-making responsibility vested in them by law.
<br /> 5.2 The City shall hold harmless, indemnify, and defend, at its own expense,the
<br /> District, 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 City's performance of
<br /> this Agreement, including claims by the City's employees or third parties, except for
<br /> those damages solely caused by the negligence or willful misconduct of the District, its
<br /> elected and appointed officials,officers,employees or agents.
<br /> 5.3 The District shall hold harmless, indemnify, and defend, at its own expense the
<br /> City, its elected and appointed officials,officers, employees and agents,from any loss or
<br /> claim for damages of any nature whatsoever, arising out of the District's performance of
<br /> this Agreement, including claims by the District's employees or third parties, except for
<br /> those damages solely caused by the negligence or willful misconduct of the City, its
<br /> elected and appointed officials, officers, employees or agents.
<br /> 5.4 In the event of liability for damages of any nature whatsoever arising out of the
<br /> performance of this Agreement by the City and the District, including claims by the
<br /> City's or the District's own officers, officials, employees, agents,volunteers, or third
<br /> parties, caused by or resulting from the concurrent negligence of the District and the City,
<br /> their officers,officials, employees, agents and volunteers, each party's liability hereunder
<br /> shall only be to the extent of that party's negligence.
<br /> 5.5 It is specifically and expressly understood that the indemnification provided in
<br /> this Agreement constitutes the parties' waiver of immunity under the State Industrial
<br /> Insurance laws,Title 51 RCW, solely for the purposes of this indemnification, and that
<br /> this waiver has been mutually negotiated.
<br /> 5.6 In entering this Agreement, neither the City nor the District assume any duty to
<br /> any third party and no liability shall attach to either the District or the City by reason of
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