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5 <br /> the City's or Holiday Inn Everett's own officers,officials, employees,agents,volunteers, <br /> or third parties, caused by or resulting from the concurrent negligence of Holiday Inn <br /> Everett and the City,their officers, officials, employees,agents and volunteers,each <br /> party's liability hereunder 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 this <br /> 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 Holiday Inn Everett assume any duty to <br /> any third party and no liability shall attach to either Holiday Inn Everett or the City by <br /> reason of entering into this Agreement except as expressly provided herein.Neither the <br /> City nor Holiday Inn Everett intends to benefit any third party by this Agreement. <br /> 6. TERMINATION <br /> This agreement may be terminated for any reason by the City or Holiday Inn Everett. Any <br /> termination by either party is effective by said party providing the other party with thirty(30) <br /> days' written notice of termination. <br /> 7. DISPUTES <br /> If a dispute arises between the City and Holiday Inn Everett,the parties agree that they will <br /> attempt to resolve the issues through mutual negotiation. In the event that the parties are not able <br /> to reach an Agreement through such negotiation,the Parties agree to engage in mediation in order <br /> to resolve the dispute. Mediation may be requested by either party,and shall be attempted prior to <br /> the institution of any lawsuit arising under this Agreement. The Parties agree to share the costs of <br /> mediation equally. <br /> 8. CHANGES AND MODIFICATIONS <br /> Either party may request changes,amendments, or additions to any portion of this Agreement; <br /> however, no such changes, amendments,or additions to any portion of this Agreement shall be <br /> valid or binding upon either party unless it is in writing and executed by both parties. <br /> 9. NOTICES AND CONTACTS <br /> Unless otherwise directed in writing,notices,reports, invoices, and payments shall be delivered <br /> to each party as follows: <br /> City of Everett <br /> Attn: Debbie Faust <br /> 3200 Cedar Street <br /> Everett, Washington 98201 <br /> Notices mailed by either party shall be deemed effective on the date mailed. Either party may <br /> change its address for receipt of reports, notices, invoices,or payments by giving the other written <br /> notice of not less than seven(7)days prior to the effective date. <br /> 21 <br />