Laserfiche WebLink
8 <br /> liability are caused by or result from the concurrent negligence of the Parties or <br /> their respective agents or employees,this defense and indemnity obligation <br /> applies only to the extent of the negligence of the indemnifying Party or its <br /> employees or agents. The Parties agree that their obligations under this paragraph <br /> extend to claims made against one Party by the other Party's own employees. For <br /> this purpose,the Parties, by mutual negotiation, hereby waive, as respects the <br /> other Party only; any immunity that would otherwise be available against such <br /> claims under the industrial insurance provisions of Title 51 RCW. In the event <br /> either Party incurs attorney's fees, costs or other legal expenses to enforce the <br /> provisions of this section against the other Party all such fees, costs and expenses <br /> shall be recoverable by the prevailing Party. <br /> 15. HOLD HARMLESS <br /> The City agrees to hold Sound Transit harmless against any claims that may arise <br /> during design and construction of the Project or at any time after the completion <br /> of the Project, except that City is not obligated to hold Sound Transit for any <br /> claims that arise due to any conduct of Sound Transit. <br /> 16. AGREEMENT,AMENDMENTS,AND ADDENDA <br /> This Agreement and its Attachments, including modifications of the scope, <br /> funding, or responsibilities of the Parties, may be amended by written mutual <br /> agreement of the Parties. Notwithstanding this,both the Sound Transit Board of <br /> Directors and the Everett City Council must approve any amendment or <br /> addendum that constitutes a material change to this Agreement. <br /> 16.1 Entire Agreement <br /> This Agreement, including its Recitals and Attachments, embodies the Parties' <br /> entire agreement on the matters covered by it, except as supplemented by <br /> subsequent amendments to this Agreement. All prior negotiations and draft <br /> written agreements are merged into and superseded by this Agreement. <br /> 16.2 Severability <br /> If any portion of this Agreement is found to be unenforceable by a court of <br /> competent jurisdiction, the remaining terms and provisions unaffected thereby <br /> shall remain in full force and effect. <br /> 16.3 Governing Law <br /> The laws of the State of Washington shall govern this Agreement. <br /> 16.4 Term of Agreement <br /> 10 <br /> 3 4 <br />