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6 <br />10. This Memorandum will start the date of the last to sign. Either party may terminate this <br />Memorandum with 30 days written notice. <br />11. It is not intended that either party will compensate the other for work or services regarding <br />this project. <br />12. WNPS will defend and indemnify the City from any and all claims that may arise from its <br />acts, errors, omissions or conduct in connection with the project. This indemnity will apply <br />whether a claim is asserted directly or indirectly against the City. "City" includes its <br />officers and employees. <br />13. WNPS shall procure and keep in force during the project at its cost such automobile <br />liability insurance as it deems necessary related to the use of motor vehicles on the project. <br />14. WNPS warrants that persons working on City property during the course of the project, do <br />so on a volunteer basis without employment relationship or expectation of compensation. <br />WNPS shall develop all necessary documentation to establish said warranty. <br />15. Venue for any litigation related to the project shall be Snohomish County. <br />16. The parties do not intend to confer any rights on third parties by this Memorandum. <br />CITY OF EVERETT Washington Native Plant Society <br />By <br />Ray Stephanson, Mayor Catherine Hovanic, Executive Director <br />ATTEST: <br />an <br />Sharon Marks, City Clerk <br />Dated: <br />APPROVED AS TO FORM: <br />By: <br />Elmer E. "Ned" Johnston <br />City Attorney <br />Dated: <br />I E3 <br />