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14 <br /> 3.4. Permits and Licenses. The CITY will obtain and maintain, at its own costs <br /> and expense, all necessary permits, licenses and approvals related to the purchase, <br /> ownership, and on-going maintenance and management of the Property. <br /> 3.5. Risk of Loss. All of the CITY's personal property of any kind or description <br /> whatsoever, or that of its contractors, placed on the Property shall be at the CITY's sole <br /> risk, and the COUNTY will not be liable for any damage done to, or loss of, such <br /> personal property. <br /> 3.6. Funding. Any obligations of the COUNTY beyond the current fiscal year <br /> are subject to appropriation of funds for the specific purpose of funding this <br /> AGREEMENT in accordance with its Charter and applicable law. <br /> IV. HOLD HARMLESS AND INDEMNIFICATION. The CITY shall <br /> assume the risk of, be liable for, and pay all damage, loss, costs and expense of any <br /> party arising out of the activities under this AGREEMENT and all use of any <br /> improvements it may place on the Property. The CITY shall hold harmless, indemnify <br /> and defend the COUNTY, its officers, elected and appointed officials, employees and <br /> agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation <br /> costs, expenses, damages,judgments,or decrees by reason of damage to any property or <br /> business and/or any death, injury or disability to or of any person or party, including but <br /> not limited to any employee, arising out of or suffered, directly or indirectly, by reason <br /> of or in connection with the acquisition or use of the Properties and this AGREEMENT; <br /> PROVIDED, that the above indemnification does not apply to those damages solely <br /> caused by the negligence or willful misconduct of the COUNTY, its elected and <br /> appointed officials, officers,employees or agents. <br /> V. ADDITIONAL CONSIDERATIONS <br /> 5.1. Governing Law and Stipulation of Venue. This AGREEMENT shall be <br /> governed by the laws of the State of Washington and the parties stipulate that any <br /> lawsuit regarding this AGREEMENT must be brought in Snohomish County, <br /> Washington. <br /> 5.2. Rights and Remedies. The rights and remedies of the Parties to this <br /> AGREEMENT are in addition to any other rights and remedies provided by law except <br /> as otherwise provided in this AGREEMENT. <br /> Interlocal Cooperation Agreement w/City of Everett <br /> —Conservation Futures 1 40 Page 5 <br />