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2 <br /> COUNTY under this Agreement unless the MUNICIPALITY receives payment from <br /> COMMERCE. <br /> SECTION 6. Reporting. <br /> The MUNICIPALITY shall provide the COUNTY with instructions for the submittal of <br /> quarterly progress reports consistent with the requirements imposed on the <br /> MUNICIPALITY by COMMERCE. When requesting reimbursement, the COUNTY shall <br /> submit a progress report to the MUNICIPALITY and COMMERCE describing the COUNTY's <br /> completion of COUNTY WORK. <br /> SECTION 7. Changes and Termination. <br /> This Agreement may be modified upon mutual agreement of the parties, and any <br /> modification shall become effective only upon written amendment to the Agreement <br /> executed by both parties. Each party may terminate its obligations under this Agreement <br /> upon thirty (30) days advance written notice to the other party. <br /> SECTION 8. Indemnification and Liability. <br /> The COUNTY shall protect, hold harmless, indemnify, and defend, at its own expense the <br /> MUNICIPALITY, its elected and appointed officials, officers, employees and agents from any <br /> loss or claim for damages of any nature whatsoever, arising out of the COUNTY's <br /> performance of this Agreement, including claims by the State of Washington,the <br /> COUNTY's employees or third parties, except for those damages solely caused by the <br /> negligence or willful misconduct of the MUNICIPALITY, its elected and appointed officials, <br /> officers, employees or agents. <br /> The MUNICIPALITY shall protect, hold harmless, indemnify, and defend, at its own <br /> expense, the COUNTY, its elected and appointed officials, officers, employees and agents, <br /> from any loss or claim for damages of any nature whatsoever, arising out of the <br /> MUNICIPALITY's performance of this Agreement, including claims by the State of <br /> Washington,the MUNICIPALITY's employees or third parties, except for those damages <br /> solely caused by the negligence or willful misconduct of the COUNTY, its elected and <br /> appointed officials, officers, employees or agents. <br /> In the event of liability for damages of any nature whatsoever arising out of the <br /> performance of this Agreement by the COUNTY or the MUNICIPALITY, including claims by <br /> the State of Washington, the COUNTY's or the MUNICIPALITY's own officers, officials, <br /> employees, agents, volunteers, or third parties, caused by or resulting from the concurrent <br /> negligence of the MUNICIPALITY and the COUNTY, their officers, officials, employees and <br /> Page 4 of 9 Everett/County 2010 EETP Grant Interlocal Agreement <br /> 9 <br />