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If any litigation, claim, or audit is started before the expiration of the six-year
<br /> period, the records shall be retained until all litigation, claims, or audit findings
<br /> involving the records have been resolved.
<br /> 11. Assurances. Contractor agrees that all activity pursuant to this Agreement shall
<br /> be in accordance with all applicable federal, state, and local laws, rules, and
<br /> regulations as they currently exist or as amended.
<br /> 12. Hold Harmless and Indemnification.
<br /> 12.1 Contractor shall hold harmless, indemnify, and defend, at its own
<br /> expense, the City, its elected and appointed officials, officers, employees
<br /> and agents from any loss or claim for damages of any nature whatsoever,
<br /> arising out of the Contractor's performance or failure to perform under the
<br /> Agreement, including but not limited to claims by the Contractor's
<br /> employees or third parties, except for those damages solely caused by
<br /> the negligence or willful misconduct of the City, its elected and appointed
<br /> officials, officers, employees, or agents.
<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
<br /> under the Agreement, including but not limited to claims by the City's
<br /> employees or third parties, except for those'damages solely caused by
<br /> the negligence or willful misconduct of the Contractor, its elected and
<br /> appointed officials, officers, employees or agents.
<br /> 12.3 In the event of liability for damages of any nature whatsoever
<br /> arising out of the performance of the City and the Contractor under this
<br /> Agreement caused by.or resulting form the concurrent negligence of the
<br /> City and Contractor, their respective officers, elected and appointed
<br /> officials, employees and volunteers, each party's liability hereunder shall
<br /> only be to the extend of that party's negligence.
<br /> 13. Independent Capacity. The employees or agents of each party who are engaged
<br /> in the performance of this Agreement shall continue to be employees or agents
<br /> of that party and shall not be considered for anypurpose to be employees or
<br /> agents of the other party.
<br /> 14. 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, Kathy Atwood, City of Everett Police Department, 3002 Wetmore
<br /> Avenue, Everett, WA 98201. If to the Contractor, Executive Director, Domestic
<br /> Violence Services of Snohomish County, PO Box 7, Everett, WA 98206-0007.
<br /> 15. Governing Law and Venue. This Agreement is entered into pursuant to and
<br /> under the authority granted by the laws of the State of Washington and any
<br /> applicable federal laws. The provisions of this Agreement shall be construed to
<br /> conform to those laws. The parties stipulate that any lawsuit regarding the
<br /> Agreement must be brought in Snohomish County, Washington.
<br /> AGREEMENT RE FY08 STOP GRANT Page 8 of 9
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