2005/06/29 Council Agenda Packet

4. The City of Everett may submit requests for reimbursement monthly, quarterly or in a single request before the termination date of the Agreement. Requests for reimbursement shall be sent to the Agency's Manager of Finance and Purchasing. The last request for reimbursement shall be submitted no later than ten (10)working days after the termination date of this Agreement. D. I-1•L#I HARMLESS/INDEMNIFICATION. To the extent legally permitted, each party shall indemnify and hold harmless the other party from and against any and all claims, actions, damages, liability, and expense, including,without limitation, reasonable attorney's fees, incurred as a result of such party's actions under this agreement; provided that, if such claims, actions, damages, liability, or expense arise from concurrent negligence of two or more of the parties, including instances where this agreement is subject to the provisions of RCW 4.24.115,then the obligation to indemnify under this agreement shall be effective only to the extent of each party's own negligence. No party shall be required under this section to indemnify another for its sole negligence. E. NOTICES. All notices hereunder may be delivered or mailed. If mailed,they shall be sent to the following respective addresses: City of Everett Transportation Services: Bill DeRousse, MVD Superintendent 3200 Cedar Street Everett, WA 98201 Puget Sound Clean Air Agency: Tom Hudson 110 Union Street, Suite 500 Seattle, WA 98101 Or to such other respective addresses as either party hereto may hereafter designate in writing. III. GENERAL PROVISIONS VI. APPLICA I LE LAW. This Agreement shall be governed by the laws of the State of Washington. VII. AMENDMENTS/MS DIFICATIONS. This Agreement may be amended or modified only by written agreement of the parties. 3