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B. Access to all Agency computer systems and files are restricted to Agency personnel unless <br /> trained and authorized. The Agency will follow its policy and applicable law concerning <br /> dissemination of all Agency information. <br /> 5. Tenn: This agreement shall take effect January 1,2017 and shall continue in effect until <br /> terminated January 1,2019. This Contract Agreement may be extended by mutual agreement of <br /> the parties for two(2)additional two-year periods or portions thereof. Any such extension shall <br /> be evidenced by a properly completed written amendment to this Agreement. Either party may <br /> terminate this Agreement by giving thirty(30)days written notice to the other. <br /> 6 Hold Harmless: Each party to this Agreement shall be responsible for its own acts and/or <br /> omissions and those of its officers,employees,and volunteers. No party to this Agreement shall <br /> be responsible for the acts and/or omissions of entities or individuals not a part to this <br /> Agreement. <br /> 7. Contact Persons: The parties stipulate that the following persons shall be the contact person for <br /> their respective jurisdiction. <br /> A. Chief,Dan Templeman, Everett Police Department,3002 Wetmore Ave.,Everett,WA 98201, <br /> (425)257-8400. <br /> B. Kelly Miller,Field Administrator,Department of Corrections, (425)513-5248, <br /> kmiller@doc1.wa.gov. <br /> 8. Nothing herein shall require or be interpreted to: <br /> A. Waive any defense arising out of RCW Title 51. <br /> B. Limit or restrict the ability of either entity or employee or legal counsel for either entity or <br /> employee to exercise any right, defense or remedy which a party to a lawsuit may have with <br /> respect to claims for third parties, including,but not limited to,any good faith attempts to <br /> seek dismissal of legal claims against a party by any proper means allowed under the civil <br /> rules in either state or federal court. <br /> 9. General Provisions: <br /> A. Entire Agreement. This Agreement contains all of the terms with respect to any matter <br /> covered or mentioned in this Agreement. <br /> B. Modification. No provision of this Agreement may be modified except by written agreement <br /> signed by the Parties. <br /> C. Successors. This Agreement shall be binding upon the Parties'successors in interest,heirs, <br /> and ensigns. <br /> D. Severability. Any provision of this Agreement which is declared invalid or illegal shall in no <br /> way affect or invalidate any other provision. <br /> E. Default. In the event that either of the Parties defaults on the performance of any terms of <br /> this Agreement or either party places the enforcement of this Agreement in the hands of an <br /> attorney, or files a lawsuit,each Party shall pay all its own attorneys' fees,costs and <br /> expenses. <br /> F. Venue. The venue for any dispute related to this Agreement shall be Thurston County, <br /> Washington. <br /> G. Waiver. Failure of the Agency to declare any breach or default immediately upon the <br /> occurrence thereof, or delay in taking any action in connection with, shall not waive such <br /> State of Washington K11373 Page 2 of 3 <br /> Department of Corrections 168360 <br />