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6 <br /> JOINT DEFENSE AGREEMENT <br /> THIS JOINT DEFENSE AGREEMENT (the "Agreement") is made by and <br /> among the CITY OF BOTHELL, the CITY OF KIRKLAND, the CITY OF LAKE <br /> STEVENS, the CITY OF MARYSVILLE the CITY OF MONROE, the CITY OF <br /> MOUNTLAKE TERRACE, the CITY OF MUKILTEO, the CITY OF REDMOND, the <br /> CITY OF SNOHOMISH, the CITY OF STANWOOD, and the CITY OF <br /> WOODINVILLE and is dated and effective as of the date the second city signs below. <br /> RECITALS <br /> 1. The Parties and their respective counsel believe that the Parties share <br /> common legal interests in connection with the claims asserted by Verizon Northwest Inc. <br /> ("VZNW") for a refund of the city utility tax paid by VZNW on its sales of digital <br /> subscriber line service during the period of January 1, 2005 through June 30, 2008 <br /> ("Refund Claim"). <br /> 2. The Parties and their respective counsel desire to enter this Agreement for <br /> the purpose of expressing their intent to jointly collaborate, share information, negotiate <br /> and defend against the Refund Claim and any litigation arising there from. <br /> 3. The Parties desire to coordinate their efforts and retain joint counsel to <br /> review,analyze,negotiate and defend,if necessary,against the Refund Claim. <br /> NOW,THEREFORE,in consideration of the promises set forth below,the Parties <br /> agree as follows: <br /> AGREEMENT <br /> 1. Definitions. <br /> a. "Party" or "Parties." Each party that signs this Agreement is <br /> referred to herein as a"Party,"or as one of the"Parties,"as long as <br /> that Party has not terminated participation in the joint defense <br /> effort pursuant to Section 13. <br /> b. "Joint Defense Participant" or "Joint Defense Participants." <br /> The Parties' respective employees, officers, agents, insurers, <br /> representatives, attorneys, consultants and expert witnesses who <br /> participate in any way in this matter are referred to herein as the <br /> "Joint Defense Participants," or as a "Joint Defense Participant" <br /> for a particular Party. <br /> c. "Third Party" or "Third Parties." Any person or entity, except <br /> the Joint Defense Participants, that has not signed this Agreement <br /> is referred to herein as a "Third Party," regardless of whether he, <br /> she or it is involved in this matter. The term "Third Party" or <br /> (ERZ7571160.DOC;1\00005.080018\) <br /> • lofl3 <br /> 16 <br />