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2008/12/03 Council Agenda Packet
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2008/12/03 Council Agenda Packet
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Council Agenda Packet
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12/3/2008
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5 <br /> Section 6. LEGAL RELATIONS <br /> a) Indemnification. To the maximum extent permitted by law, each Party will <br /> defend, indemnify and hold harmless the other Parties and their officials and employees <br /> from and against all claims, demands, suits, actions, costs, damages, and liability of any <br /> kind whatsoever that arise out of or are related to the acts or omissions in connection with <br /> this Agreement of the indemnifying Party and its officials, employees, agents and <br /> contractors. The indemnifying Party specifically assumes liability for actions brought by <br /> its own employees against the other Parties and for that purpose the indemnifying Party <br /> specifically waives in connection with this Agreement, as respects the other Parties only, <br /> any immunity under the Worker's Compensation Act, RCW Title 51. The indemnifying <br /> Party recognizes that this waiver was the subject of mutual negotiation and is expressly <br /> entered into pursuant to the provisions of RCW 4.24.115, if applicable. In the event a <br /> Party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this <br /> section against another Party, all such fees, costs and expenses will be recoverable by the <br /> prevailing Party. <br /> b) Severability. If any portion of this Agreement is found to be unenforceable <br /> by a court of competent jurisdiction, the remaining terms and provisions unaffected <br /> thereby will remain in full force and effect. This Agreement will be governed by the <br /> laws of the State of Washington. <br /> c) Assignment. No Party may assign or transfer in any manner any interest, <br /> obligation or benefit under this Agreement without the prior written consent of all other <br /> Parties. <br /> d) Amendment. All amendments to this Agreement must.be in writing. Such <br /> amendments are effective only upon the signature of the General Manager and/or <br /> Chief/Corporate Executive Officer of each Party. <br /> e) Entire Agreement. This Agreement embodies the Parties' entire agreement <br /> on the issues covered by it, except as supplemented by subsequent written agreements <br /> that the Parties may make. All prior agreements, negotiations and draft written <br /> agreements are merged into and superseded by this Agreement. <br /> 1) Counterparts. This Agreement will be executed in several counterparts, each <br /> of which will be considered for all purposes as an original. <br /> 3 <br />
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