2005/01/26 Council Agenda Packet

5 AGREEMENT BETWEEN City of Everett, Washington And North Snohomish, Island and Skagit Higher Education Consortium An Agency of the State of Washington WHEREAS, City of Everett(hereinafter"City") desires to utilize on occasion NSIS Higher Education Consortium (hereinafter"NSIS")facilities for various purposes; and WHEREAS,the City and NSIS desire to agree upon indemnification terms generally applicable to City use of NSIS facilities; and WHEREAS, the parties intend that this Indemnification Agreement replaces Paragraph 11 (Hold Harmless) of the NSIS Non Consortium Public Facility Use Agreement; NOW THEREFORE, in consideration of the premises, and the mutual promises contained herein, the parties agree as follows: 1. When the City desires to use NSIS Facilities,the City shall sign the form of agreement attached as Exhibit A (NSIS Non Consortium Public Facility Use Agreement). 2. To the extent allowed by state law, each party agrees to indemnify and hold harmless the other party, including its representatives and employees, from and against any and all liability arising from injury and death to any person or persons, or damage to property arising in whole or in part by any negligent act of the indemnifying party, including any and all expenses, legal or otherwise, incurred in the defense of any claim or suit relating to such injury or damage. 3. Paragraph 2 of this Agreement shall supersede any and all similar clauses, provisions, terms and conditions in any agreement between the parties for the use of NSIS facilities during the term of this Agreement. 4. The term of this Agreement shall be from February 1, 2005 to January 22, 2007. 5. This Agreement may be terminated at any time, with or without cause, on sixty days' written notice by the terminating party to the other. 6. This Agreement shall apply and continue in force for use agreements entered into prior to the effective date of any termination under paragraph 5. 3t 1