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3 <br /> CITY's agents, employees, or officials respectively. <br /> D. The foregoing indemnity is specifically and expressly intended to constitute a <br /> waiver of each party's indemnity under Washington's Industrial Insurance act, Title 51 <br /> RCW, as respects the other party only, and only to the extent necessary to provide a full <br /> and complete indemnity of claims made by the parties' employees. The parties <br /> acknowledge that these provisions were specifically negotiated and agreed upon by them. <br /> E. In executing this agreement, the COUNTY does not assume liability or <br /> responsibility for or in any way release the CITY from any liability or responsibility, <br /> which arises in whole or in part from the existence or effect of the CITY Municipal Code, <br /> rules, or regulations. If any cause, claim, suit, action, or administrative proceeding is <br /> commenced in which the enforceability and/or validity of any such. CITY Municipal <br /> Code, rule or regulation is at issue, the CITY shall defend the same at its sole expense <br /> and if judgment is entered or damages are awarded against the CITY, the COUNTY, or <br /> both,the CITY shall satisfy the same, including all chargeable costs and attorney's fees. <br /> F. The terms of Section 13 shall survive the termination or expiration of this <br /> Agreement. <br /> Section 14 Non-waiver of Rights <br /> Except as provided in subsections 13(D), no waiver of any right under this Agreement <br /> shall be effective unless made in writing by the authorized representative of the party to be <br /> bound thereby. Failure to insist upon full performance on any one or several occasions does not <br /> constitute consent to, or waiver of, any later non-performance nor does payment of a billing or <br /> continued performance after notice of a deficiency in performance constitute an acquiescence <br /> thereto. The parties are entitled to all remedies in law or equity. <br /> Section 15 No Creation of or Expansion of Duty to Supervise; No Partnership or Joint <br /> Venture <br /> A. By agreeing to provide the Jail services described herein to the CITY, the <br /> COUNTY is not agreeing to any supervision of CITY inmates except as specifically <br /> provided herein. Nothing in this Agreement shall be interpreted as a delegation by the <br /> CITY, the CITY Municipal Court, or the CITY Municipal Court's probation department to <br /> the COUNTY of its duty of supervision. <br /> B. Nothing in this Agreement shall be construed to render the parties partners or <br /> joint venturers. <br /> Section 16 Modification/Amendment <br /> A. All provisions of this Agreement may modified and amended with the mutual <br /> City of Everett Interlocal Agreement for Jail Services Page 9 of 17 <br /> 2012-2017 <br /> 20 <br />