2009/12/09 Council Agenda Packet

t ' Subj : MEMORANDUM OF AGREEMENT FOR THE ESTABLISHMENT OF A PARK-N-RIDE AND ROUTE SERVICES FROM SMOKEY POINT COMPLEX TO NAVAL STATION EVERETT WATERFRONT only authorized while acting in their official capacity as employees for Everett Transit . (f) Ensure return of Navy issued identification badges to the NAVSTA Everett Security Office within 48 hours in the event a Route 79 Express driver is reassigned, terminated or otherwise no longer employed by Everett Transit . 6 . Other Provisions . a . The parties agree that nothing herein will be construed as obligating either party to violate existing laws or regulations . b. All services provided by the parties are subject to the constraints of available resources (personnel , funds, and equipment) . c . This MOA does not create, limit, or modify existing legislative jurisdiction vested in the State of Washington or the U. S . government . Nothing contained herein creates or extends any right, privilege, or benefit to any person or entity. d. Each party to this MOA ("Indemnifying Party" ) expressly agrees in accordance with all applicable federal and state laws, rules and regulations, to indemnify, hold harmless, and defend, at its own cost, the other party to this MOA ("Indemnified Party" ) , its officers and employees acting within the scope of their employment, its agencies, and instrumentalities against any and all suits, claims, actions, costs, or demands (including, without limitations, suits, actions, claims, costs, or demands for death, personal injury, and or property damage) to which the Indemnified Party, its officers and employees, its agencies, and instrumentalities might be subjected and/or held liable for, arising or resulting from or attributable to the acts or omissions of the Indemnifying Party, its guests and invitees, contractors, agents, officers and/or employees while upon or within the aforementioned areas, or while undertaking action required by or related to this MOA. 7 N68742-20090702-0139 68