|
11. Compliance with Laws. The parties shall comply with all applicable
<br /> federal, state and local laws, rules and regulations in performing this Agreement,
<br /> including, but not limited to, laws against discrimination.
<br /> 12. Hold Harmless and Indemnification.
<br /> 12.1 The Contractor shall hold harmless, indemnify, and defend,
<br /> at its own expense, the City, its elected and appointed officials, officers,
<br /> employees and agents from any loss or claim for damages of any nature
<br /> whatsoever, arising out of the Contractor's performance or failure to perform
<br /> under the Agreement, including but not limited to claims by the Contractor's
<br /> employees or third parties, except for those damages solely caused by the
<br /> negligence 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, officers,
<br /> employees and agents, from any loss or claim for damages of any nature
<br /> whatsoever, arising out of the City's performance or failure to perform under the
<br /> Agreement, including but not limited to claims by the City's employees or third
<br /> parties, except for those damages solely caused by the negligence or willful
<br /> misconduct of 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 this
<br /> Agreement caused by or resulting form the concurrent negligence of the City and
<br /> Contractor, their respective officers, elected and appointed officials, employees
<br /> and volunteers, each party's liability hereunder shall only be to the extend of that
<br /> party's negligence.
<br /> 13. Contacts. All notices, reports and correspondence to the
<br /> respective 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, Executive Director,
<br /> Center for Battered Women, PO Box 7, Everett, WA 98206-0007.
<br /> 14. Governing Law and Venue. This Agreement shall be governed by
<br /> the laws of the State of Washington and the parties stipulate that any lawsuit
<br /> regarding the Agreement must be brought in Snohomish County, Washington.
<br /> Page 4
<br />
|