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10 <br /> 12.2 The City shall hold harmless, indemnify, and defend, at its own <br /> expense, the Contractor, its elected and appointed officials, officers, <br /> employees and agents, from any loss or claim for damages of any nature <br /> whatsoever, arising out of the City's performance or failure to perform under <br /> this Agreement, including but not limited to claims by the City's employees <br /> or third parties, except for those damages solely caused by the negligence <br /> of willful misconduct of the Contractor, its elected and appointed officials, <br /> officers, employees or agents. <br /> 12.3 In the event of liability for damages of any nature whatsoever arising <br /> out of the performance of the City and the Contractor under this Agreement <br /> caused by or resulting from the concurrent negligence of the City and <br /> Contractor, their respective officers, elected and appointed officials, <br /> employees and volunteers, each party's liability hereunder shall only be to <br /> the extent of that party's negligence. <br /> 13. Independent Contractor. Parties are independent contractors of each other <br /> and nothing in this Agreement shall be construed to create an employment <br /> relationship. <br /> 14. Contacts. All notices, reports and correspondence to the respective parties <br /> of this Agreement shall be sent to the following: <br /> If to the City, Kathy Atwood, City of Everett Police Department, 3002 <br /> Wetmore Avenue, Everett, WA 98201. If to the Contractor, Grant <br /> Coordinator, Providence Everett Medical Center, 916 Pacific Avenue, <br /> Everett, WA 98201. <br /> 15. Governing Law and Venue. This Agreement shall be governed by the laws <br /> of the State of Washington and the parties stipulate that any lawsuit <br /> regarding this Agreement must be brought in Snohomish County, <br /> Washington. <br /> Entire Agreement. This Agreement constitutes the complete expression of <br /> the terms and conditions of the parties. Any oral or written representations <br /> or understandings not incorporated into this Agreement are specifically <br /> excluded. <br /> CITY OF EVERETT PROVIDENCE EV MEDICAL CENTER <br /> By: <br /> Ray Stephanson, Mayor ✓% <br /> Date: Date: Y—L3 - Ue, <br /> ATTEST: <br /> Sharon Marks, City Clerk <br /> APPROVED AS TO FORM: APPROVED AS TO FORM <br /> Everett City Attorney <br /> AGREEMENT RE STOP GRANT Page 7 <br />