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• <br /> i <br /> facility. Everett shall provide the County with an annual report by July 1 of each calendar year <br /> of it's operation, maintenance and administrative costs for the prior year. C. Everett must <br /> maintain adequate records to support billings for a period of five (5) years after completion of <br /> this Agreement by Everett. Snohomish County or any of its duly authorized representatives shall <br /> have access to any books, documents, papers and records of Everett which are directly related to <br /> this Agreement for the purposes of audit examinations. Expenditures under this Agreement that <br /> are determined by audit to be ineligible for reimbursement and for which payment has been <br /> made to Everett shall be refunded to Snohomish County. <br /> IV. TERMINATION <br /> A. Either party may terminate this Agreement by sixty (60) days' written notice to the <br /> other party. In the event of such termination, Snohomish County shall pay Everett in <br /> accordance with Section III of this Agreement for all costs incurred by Everett up to <br /> the date of termination. <br /> B. This Agreement is contingent on governmental funding and local legislative <br /> appropriations. In the event funding form any source is withdrawn, reduced, limited <br /> or not appropriated after the effective date of this Agreement and prior to normal <br /> completion, Snohomish County or Everett may terminate this Agreement <br /> immediately upon notice to the other. <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 party <br /> shall not indemnify the other party for the other party's sole negligence. If a claim is caused by <br /> or results from the conduct of both parties, each party shall be responsible to the extent of its <br /> fault. <br /> B. As used in this paragraph, "claims" include, but are not limited to, any and all losses, <br /> claims, demands, expenses (including, but not limited to, attorney's fees and litigation expenses), <br /> suits, judgments, or damages, irrespective of the type of relief sought or demanded, such as <br /> money or injunctive relief, and irrespective of whether the damage alleged is bodily injury, <br /> damage to property, economic loss, general damages, special damages, or punitive damages. <br /> "Party" includes employees, officials, representatives, and elected officials. <br /> VI. MISCELLANEOUS <br /> A. Notice Addresses. Any statement, notice, request or other communication hereunder <br /> shall be deemed to be sufficiently given to the addressee and any delivery hereunder deemed <br /> made when sent by certified mail addressed to the following addresses: <br /> IN PERI.OCA!_,AGRI.EMENT FOR ANIMAL SHELTER SERVICES <br /> BETWEEN CITY OF EVERETT AND SNOHOMISH COUNTY • <br /> 11/21/2006 4 <br />