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2011/01/05 Council Agenda Packet
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2011/01/05 Council Agenda Packet
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Council Agenda Packet
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1/5/2011
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year. To the extent that the adopted Action Item and Budget Plan requires future <br /> appropriations beyond current appropriation authority, the obligations of each of <br /> the financially responsible Parties are contingent upon the appropriation of <br /> sufficient funds by that Party's authorizing body to fund the activities described <br /> therein. If no such appropriation is made, that Party shall not be required to <br /> provide funds for that fiscal year's Action Item and Budget Plan . <br /> 5. Ownership of Work Product. All work products generated during the <br /> projects authorized under the Action Item and Budget Plans shall be the property <br /> of the Parties and each of them. <br /> 6. Counterparts. This Agreement may be executed in counterparts. <br /> 7. Indemnity and Hold Harmless. Each Party shall protect, defend, <br /> indemnify, and save harmless the other Parties, their officers, officials, <br /> employees, and agents, while acting within the scope of their employment as <br /> such, from any and all costs, claims, judgments, and/or awards of damages, <br /> arising out of, or in any way resulting from, such Party's own negligent acts or <br /> omissions in the performance of this Agreement. Each Party agrees that its <br /> obligations under this subparagraph extend to any claim, demand, and/or cause <br /> of action brought by, or on behalf of, any of its employees or agents against <br /> another Party. For this purpose, each Party, by mutual negotiation, hereby <br /> waives, with respect to the other Parties only, any immunity that would otherwise <br /> be available against such claims under the Industrial Insurance provisions of Title <br /> 51 RCW. In the event that any Party incurs any judgment, awards, and/or cost <br /> arising therefrom, including attorneys' fees, to enforce the provisions of this <br /> Section, all such fees, expenses, and costs shall be recoverable from the <br /> responsible Party to the extent of that Party's culpability as fixed by a court of <br /> competent jurisdiction. <br /> 8. Term. This Agreement shall become effective upon being signed by the <br /> three major city members, Everett, Seattle, and Tacoma, and upon such <br /> occurrence shall be binding on all signators hereto, whether signing before or <br /> after such occurrence. The term of this Agreement shall be through December <br /> 31, 2015, unless terminated sooner by mutual agreement. Upon termination, any <br /> Water Supply Forum <br /> Funding Agreement 3 8 <br /> Page 3 <br />
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