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2012/05/30 Council Agenda Packet
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2012/05/30 Council Agenda Packet
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Council Agenda Packet
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5/30/2012
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2 <br /> 7100 Hardeson Road <br /> Everett,WA 98203 <br /> • <br /> 27.Headings. The headings and titles of the Sections and subsections of this Agreement <br /> are for reference purposes only,and shall not affect the meaning or interpretation of the <br /> text herein, <br /> 28.No joint venture. Nothing herein shall be deemed to create a joint venture or <br /> principal-agent relationship between the parties and neither party is authorized to,nor <br /> shall either party act toward third persons or the public in any manner that would indicate <br /> any such relationship with the other. <br /> 29.Actions of Community Transit or everett Transit. In any action by Community <br /> Transit or Everett Transit mandated or permitted under the terms of this Agreement,it <br /> shall act in a reasonable,expeditious and timely manner. Furthermore,in any instance <br /> where approval or consent is required under the terms of this Agreement,such approval <br /> or consent shall not be unreasonably withheld. <br /> 30. Filint;of this Agreement. This Agreement shall be filed and maintained for public <br /> viewing in accordance with RCW 39.34.040. <br /> 31. Indemnification. To the maximum extent permitted by law, each Party will defend, <br /> indemnify and hold harmless the other Party and all of its officials,employees,principals <br /> and agents from all claims,demands,suits,actions and liability of any kind,including <br /> injuries to persons or damages to property,to the extent any such damages and injuries to <br /> persons or property are caused by or result from the errors,omissions or negligent acts of <br /> the indemnifying Party,its contractors,and/or employees,agents,and representatives in <br /> performing the Party's responsibilities under this Agreement. No Party shall be required <br /> to indemnify,defend,or save harmless the other Party if the claim,suit,or action for <br /> injuries,death,or damages is caused by the sole negligence of the other party. Where <br /> such claims,suits or actions result from concurrent negligence of the Parties,the <br /> indemnity provisions provided herein shall be valid and enforceable only to the extent of <br /> the Party's own negligence as determined by a court of competent jurisdiction. Each of <br /> the Parties agrees that its obligations under this paragraph extend to any claim,demand, <br /> and/or cause of action brought by,or on behalf of, any of its employees or agents and for <br /> that purpose the indemnifying Party specifically waives, as respects the other party only, <br /> any immunity under the Worker's Compensation Act,RCW Title 51;and each Party <br /> recognizes the provision of RCW 4.24.115,if applicable. Each Party to this Agreement <br /> will reasonably notify the other of any and all claims,actions,losses or damages that <br /> arise or are brought against that Party relating to or pertaining to this Agreement. <br /> 6 <br /> 7 <br />
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