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7 <br /> It is further understood by Buyer that, in consideration of this transfer, the <br /> City makes no representations concerning the health of the animal, which <br /> is transferred "as is" and Buyer assumes all responsibility and obligation <br /> for the condition, care and acts, of said animal. <br /> 3: Indemnification. Buyer agrees to assume any and all risks from the date <br /> first written above and the Buyer further agrees to release, indemnify and <br /> promise to defend and save harmless the City, its officers, employees and <br /> agents from and against any and all liability, injuries, loss, damage, <br /> expense, actions and claims, including costs and reasonable attorney's <br /> fees incurred by the City, its officers, employees and agents in defense <br /> thereof, asserting or arising directly or indirectly on account of or out of <br /> said canine's activities from date of said transfer; provided, however, this <br /> paragraph does not purport to indemnify the City against liability for any <br /> activities of said canine prior to said transfer date. <br /> 4. Severability. If any part of this Agreement is found to be in conflict with <br /> applicable laws, such part shall be inoperative, null and void, insofar as it <br /> is in conflict with said laws, the remainder of the Agreement shall remain <br /> in full force and effect. <br /> 5. Venue. It is agreed that venue for any lawsuit arising out of this <br /> Agreement shall be Snohomish County. <br /> IN WITNESS WHEREOF, the City and Buyer have executed this Agreement the <br /> day and year first above written. <br /> CITY OF EVERETT BUYER <br /> RAY STEPHANSON, Mayor TIM REEVES <br /> ATTEST: <br /> CITY CLERK <br /> APPROVED AS TO FORM: <br /> CITY ATTORNEY <br /> 5 <br /> K-9 Purchase Agreement Page 2 of 2 <br />