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II. TERM <br /> This Agreement shall be deemed effective as of January 1,2007 and shall continue in full <br /> force and effect through December 31, 2010. <br /> III. FINANCIAL <br /> A. «City» agrees to pay Everett,within thirty(30)days of receipt of an invoice or <br /> statement from Everett,all fees incurred pursuant to this Agreement including an <br /> administrative fee in the sum Ninety-Seven Dollars($97)per animal impounded for <br /> maintenance and operation costs. <br /> B. Everett may adjust the fee charged per animal on an annual basis to be effective <br /> on January 1 of each calendar year. If Everett intends to adjust said fee, it will give <br /> «City» at least ninety(90)days written notice of its intent to do so. <br /> C. Everett must maintain adequate records to support billings for a period of five(5) <br /> years after completion of this Agreement by Everett. «City» or any of its duly authorized <br /> representatives shall have access to any books, documents,papers and records of Everett <br /> which are directly related to this Agreement for the purposes of audit examinations. <br /> IV. TERMINATION <br /> Either party may terminate this Agreement by sixty (60)days' written notice to the other <br /> Parh'• <br /> V. INDEMNIFICATION <br /> A. Each party agrees to defend and indemnify the other party from any and all claims <br /> arising out of, in connection with,or incident to its conduct relating to this Agreement. A <br /> party shall not indemnify the other party for the other party's sole negligence. If a claim <br /> is caused by or results from the conduct of both parties,each party shall be responsible to <br /> the extent of its fault. <br /> B. As used in this paragraph,"claims" include,but are not limited to, any and all <br /> losses, claims,demands,expenses(including,but not limited to, attorney's fees and <br /> litigation expenses), suits,judgments,or damages, irrespective of the type of relief sought <br /> or demanded, such as money or injunctive relief,and irrespective of whether the damage <br /> alleged is bodily injury, damage to property,economic loss,general damages,special <br /> damages,or punitive damages. "Party"includes employees,officials,representatives, <br /> and elected officials. <br /> VI. MISCELLANEOUS <br /> A. Notice Addresses. Any statement,notice,request or other communication <br /> hereunder shall be deemed to be sufficiently given to the addressee and any delivery <br /> hereunder deemed made when sent by certified mail addressed to the following <br /> addresses: <br /> Notices to the City of Everett shall be sent to the following address: <br /> INTERLOCAL AGREEMENT RE ANIMAL SHELTER Page 3 of 5 <br /> 7 <br />