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8 <br /> 12. Hold Harmless and Indemnification. <br /> 12.1 The Contractor shall hold harmless, indemnify, and defend, at <br /> its own expense, the City, its elected and appointed officials, <br /> officers, employees and agents from any loss or claim for damages <br /> of any nature whatsoever, arising out of the Contractor's <br /> performance or failure to perform under this Agreement, including <br /> but not limited to claims by the Contractor's employees or third <br /> parties, except for those damages solely caused by the negligence <br /> or willful misconduct of the City, its elected and appointed officials, <br /> officers, employees or agents. <br /> 12.2 The City shall hold harmless, indemnify, and defend, at its <br /> own expense, the Contractor, its elected and appointed officials, <br /> officers, employees and agents, from any loss or claim for damages <br /> of any nature whatsoever, arising out of the City's performance or <br /> failure to perform under this Agreement, including but not limited to <br /> claims by the City's employees or third parties, except for those <br /> damages solely caused by the negligence of willful misconduct of <br /> the Contractor, its elected and appointed officials, officers, <br /> employees or agents. <br /> 12.3 In the event of liability for damages of any nature whatsoever <br /> arising out of the performance of the City and the Contractor under <br /> this Agreement caused by or resulting from the concurrent <br /> negligence of the City and Contractor, their respective officers, <br /> elected and appointed officials, employees and volunteers, each <br /> party's liability hereunder shall only be to the extent of that party's <br /> negligence. <br /> 13. Contacts. All notices, reports and correspondence to the respective <br /> parties of this Agreement shall be sent to the following: <br /> If to the City, Terry Miller, City of Everett Police Department, 3002 <br /> Wetmore Avenue, Everett, WA 98201. If to the Contractor, Grant <br /> Coordinator, Providence Everett Sexual Assault Center, 916 Pacific <br /> Avenue, Everett, WA 98201. <br /> 14. Goveminq Law and Venue. This Agreement shall be governed by the <br /> laws of the State of Washington and the parties stipulate that any <br /> lawsuit regarding this Agreement must be brought in Snohomish <br /> County, Washington. <br /> 49 Page4 <br />