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8 <br /> performance or failure to perform under this Agreement, including but not limited to claims by <br /> the County's 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, officers, <br /> employees or agents. <br /> 14.2 The City shall hold harmless, indemnify, and defend, at its own <br /> expense, the County, its elected and appointed officials, officers, employees and agents, <br /> from any loss or claim for damages of any nature whatsoever, arising out of the City's <br /> performance or failure to perform under this Agreement, including but not limited to claims by <br /> the City's employees or third parties, except for those damages solely caused by the <br /> negligence or willful misconduct of the County, its elected and appointed officials, officers, <br /> employees or agents. <br /> 14.3 In the event of liability for damages of any nature whatsoever arising <br /> out of the performance of the City and the County under this Agreement caused by or <br /> resulting from the concurrent negligence of the City and County, their respective officers, <br /> elected and appointed officials, employees and volunteers, each party's liability hereunder <br /> shall only be to the extent of that party's negligence. <br /> 15. Contacts. All notices, reports and correspondence to the respective parties of <br /> this Agreement shall be sent to the following: <br /> If to the City: If to the County: <br /> Kathy Atwood Jim Rucci <br /> City of Everett Police Dept. Prosecuting Attorney's Office <br /> 3002 Wetmore Avenue 3000 Rockefeller Avenue, MS 504 <br /> Everett, Washington 98201 Everett, Washington 98201 <br /> Phone: (425) 257-8497 Phone:. (425) 388-3492 <br /> Facsimile: (425) 257-6501 Facsimile: (425) 388-7172 <br /> 16. Independent Capacity. The County, its employees, agents or subcontractors <br /> who are engaged in the performance of this Agreement shall continue to be employees or <br /> agents of the County and shall not be considered for any purpose to be employees or agents <br /> of the City. <br /> 17. Governing Law and Venue. This Agreement shall be governed by the laws of <br /> the State of Washington and the parties stipulate that any lawsuit regarding this Agreement <br /> must be brought in Snohomish County, Washington. <br /> INTERLOCAL AGREEMENT <br /> REGARDING 2007 STOP GRANT Page 5 <br /> 2 <br />