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Section 3: Liability—Dispute Resolution <br /> A. It is understood and agreed that this Agreement is entered into solely for the benefit <br /> of the parties hereto and gives no right to any other party or individual. No joint <br /> venture or partnership is formed as a result of the Agreement. Each party hereto <br /> agrees to be responsible and assumes liability for its own acts or omissions, and <br /> those of its officers, agents or employees for any incident arising out of or in <br /> connection with this Agreement,to the fullest extent required by the ,of <br /> and agrees <br /> to save, indemnify, defend and hold the other party harmless from any such <br /> liability. In the case of negligence of multiple parties, any damages allowed shall <br /> be assessed in proportion to the percentage of negligence attributable to each party, <br /> and each party shall have the right to seek contribution from the other party in <br /> proportion to the percentage of negligence attributable to the other party. <br /> B. No liability shall attach to the City or the District by reason of entering into this <br /> Agreement except as expressly provided herein. The parties agree that providing <br /> the Officers pursuant to this Agreement is not a representation,warranty, or <br /> guarantee of any sort concerning the Officers' ability to fulfill the parties' intent as <br /> set forth in Section 1A above. No third parties shall have or claim any rights or <br /> benefits under this Agreement and this Agreement shall not be construed to create <br /> such rights. This Agreement shall not be construed and is not intended to create <br /> any expectation to the Public Duty Doctrine between the parties or with any third <br /> party. <br /> C. Any factual disputes between the District and the City in regard to this Agreement <br /> shall be referred for determination to the City's Mayor,or designee, and the <br /> District's Superintendent, or designee, for resolution. The representatives shall <br /> work jointly to resolve the dispute. <br /> Section 4: Termination - Renegotiation <br /> This Agreement is subject to termination or renegotiation of either party if such party <br /> gives advance notice not less than six(6)months prior to the end of any calendar year of <br /> its intent to renegotiate or terminate the Agreement. In the event of termination of the <br /> Agreement, the District shall be entitled to a pro-rata refund from the City based upon the <br /> number of contract days remaining at the time of termination. No lawsuit for damages <br /> may be filed by either party against the other party until sixty(60) days after the <br /> submission of a claim for damages in accordance with RCW 4.96.010-.020. <br /> Section 5: Venue <br /> Venue for any lawsuit arising out of this Agreement shall be Snohomish County, <br /> Washington. <br /> Everett SRO 2009-2012 1 6 Page 3 of 4 <br />