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10 <br /> B. City of Everett <br /> The City hereby waives any and all claims against the County for damage,whether direct, <br /> indirect or consequential,to its water transmission line or other property or for injury to or <br /> death of any of its officers, agents or employees which may in any way arise from the pursuit <br /> or accomplishment of the Tasks contemplated under this Agreement and waives any and all <br /> claims against the County that any actions associated with the pursuit or accomplishment of <br /> the Tasks contemplated under this Agreement interfere with or affect the City's water <br /> transmission line easement rights and releases the County from any and all liability therefore. <br /> The City further specifically acknowledges that it is participating in the Tasks <br /> contemplated under this Agreement at its own risk and that the foregoing waiver and release <br /> applies to all activities associated with such Tasks. The City further covenants that it will <br /> make no claim against the County or any of the other Parties in any way related to such Tasks <br /> whether related to design, construction or otherwise, unless such claim arises against one of <br /> the other Parties as a result of its gross negligence in the undertaking of Tasks or its failure to <br /> perform under this Agreement. <br /> C. Olympic Pipe Line Company <br /> OPL hereby waives any and all claims against the County for damage,whether direct, <br /> indirect or consequential,to its petroleum pipeline or other property or for injury to or death of <br /> any of its officers, agents or employees which may in any way arise from the pursuit or <br /> accomplishment of the Tasks contemplated under this Agreement and releases the County <br /> from any and all liability therefore. <br /> OPL further specifically acknowledges that it is participating in the Tasks contemplated <br /> under this Agreement at its own risk and that the foregoing waiver and release applies to all <br /> activities associated with such Tasks. OPL further covenants that it will make no claim <br /> against the County or any of the other Parties in any way related to such Tasks whether <br /> related to design, construction or otherwise, unless such claim arises against the County or <br /> one of the other Parties as a result of its gross negligence in the undertaking of Tasks or its <br /> failure to perform under this Agreement. - <br /> 12. TERMINATION: <br /> A. This Agreement may be terminated at the end of a calendar year by written notice <br /> from one or more parties delivered by regular mail to the other parties'contact persons at the <br /> addresses set forth herein at least sixty(60)days prior to the end of a calendar year. <br /> B. The County's and the City's obligations after December 31, 2004 are contingent upon <br /> local legislative appropriation of necessary funds in accordance with applicable laws which <br /> the County and the City agree to take reasonable efforts to secure. Upon the failure of such <br /> appropriation, this Agreement may be terminated by 10 days prior written notice to the other <br /> parties'contact persons by the governmental party that has failed to receive the necessary <br /> appropriation. <br /> Cost Share Agmt Final.doc Page 10 <br /> 89 <br />