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♦. <br /> I <br /> • <br /> IL. TERM <br /> The initial term of this Agreement is one year,begitming January 1,2011 and ending <br /> December 31,2011. This Agteement will continue for the initial term and will be <br /> automatically renewed for additional one-year terms,subject to the right of either party to <br /> terminate this agreement on sixty(60)days notice in accordance with Section IV below. <br /> III. FINANCIAL <br /> A. Marysville agrees to pay Everett,within thirty(3Q)days of receipt of an invoice <br /> or statement from Everett,all fees incurred pursuant to this Agreement including an <br /> administrative fee in the sum.One Hundred and Fifty-Five($155.00)per animal <br /> impounded for maintenance and operation coats, <br /> B. Everett may adjust the fee charged per animal Oman annual basis to be effective <br /> on January 1 of each calendar year.If Everett intends to adjust said fee,it will give <br /> Marysville at least ninety(90)days writterenotice of its intent to do so. <br /> C, Everett must maintain adequate records to support billings for a period of f ve.(5) <br /> years after completion.of this Agreement by Everett. Marysville•or any of its duly <br /> authorized representatives shall have access to any books,documents,papers and records <br /> 'of Everett which are directly related to this Agreement for the purposes of audit <br /> examinations. <br /> TV. TERMINATION <br /> Either party may terminate this Agreement by sixty(60)days'written notice to the other <br /> party. <br /> V. INDEMNIFICATION <br /> A. Each party agrees to defend and indemnify the other party from any and all claims <br /> arising out of, in connection with,or incident to its conduct relating to this Agreement. A <br /> party shall not indemnify the other party for•the other party's sole negligence. If a claim <br /> is caused by or results from the conduct of both parties,each party shall be responsible to <br /> the extent ofits fault. <br /> • <br /> B. As used in this paragraph,"claims"include,but are not limited to,any and all <br /> losses,claims,demands,expenses(including,but not l i luted•to,attorney's fees and <br /> litigation expenses),suits,judgments,.or damages,irrespective of the type of relief sought <br /> ordemanded,such as money or injunctive relief,and irrespective of whether the damage <br /> alleged is bodily injury,damage to property,economic loss,general damages, special <br /> damages,or punitive damages. `Party"includes Everett,Marysville, and their <br /> employees,officers, representatives,and elected officials. <br /> • <br /> IN'CERLOCAL ACi11EEMVMEi T RE ANIMAL SHELTER Page 3 of 5 <br /> 4 <br />