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<br /> 9. INDEMNIFICATION
<br /> To the extent permitted by law, the Parties to this Agreement shall protect, defend,
<br /> indemnify, and save harmless the other Party, and its officers, officials,
<br /> employees, and agents, while acting within the scope of their employment, from
<br /> any and all costs, claims, demands, judgments, damages, or liability of any kind
<br /> including injuries to persons or damages to property, which arise out of, or in any
<br /> way result from, or are connected to, or are due to any acts or omissions of the
<br /> indemnifying Party. No Party shall be required to indemnify, defend, or save
<br /> harmless the other Party if the claim, suit, or action for injuries, death, or damages
<br /> is caused by the sole negligence of the Party seeking indemnification. Where such
<br /> claims, suits, or actions result from concurrent negligence of the Parties, the
<br /> indemnity provisions provided herein shall be valid and enforceable only to the
<br /> extent of the Party's own negligence. Each Party agrees that its obligations under
<br /> this indemnification section extend to any claim, demand, and/or cause of action
<br /> brought by, or on behalf of, any of its employees or agents. For this purpose, each
<br /> Party, by mutual negotiation, hereby waives, with respect to the other Party only,
<br /> any immunity that would otherwise be available against such claims under the
<br /> industrial insurance provisions of Title 51 RCW. In the event of any claims,
<br /> demands, actions and lawsuits, the indemnifying Party upon prompt notice from
<br /> the other Party shall assume all costs of defense thereof, including legal fees
<br /> incurred by the other parties, and of all resulting judgments that may be obtained
<br /> against the other Party. This indemnification shall survive the termination of this
<br /> Agreement.
<br /> 10. GENERAL CONTRACT PROVISIONS
<br /> 10.1 Rights and Remedies
<br /> The rights and remedies of the Parties to this Agreement are in addition to any
<br /> other rights and remedies provided by law, except as otherwise provided in this
<br /> Agreement.
<br /> 10.2 No Agency
<br /> No joint venture or partnership is formed as a result of this Agreement. No
<br /> employees, agents or subcontractors of one party shall be deemed, or represent
<br /> themselves to be, employees of any other party.
<br /> 10.3 No Third Party Rights
<br /> It is understood and agreed that this Agreement is solely for the benefit of the
<br /> Parties hereto and gives no right to any other party. Nothing in this Agreement,
<br /> whether express or implied, is intended to confer any rights or remedies under or
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<br /> Fundng Assist Agmt ET ST March 06.doc
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