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4. Limitations. The parties shall not jointly acquire property or jointly budget funds <br /> under the authority of this Agreement but shall restrict their actions to providing in <br /> bid proposals and specification appropriate language to require, authorize, and <br /> permit the other party to this Agreement to purchase such materials, supplies, and <br /> equipment under the terms and conditions of the purchase contract awarded by <br /> such party. <br /> 5. Statutory Compliance. Each party agrees to comply with the statutory bidding <br /> requirements applicable to such party when acting under this Agreement <br /> 6. Right to Contract— Independent Action Preserved. Each party reserves the right <br /> to contract independently for the acquisition of goods or services with or without <br /> notice to the other party. The parties reserve the right to exclude the other party <br /> from any particular purchasing contract with or without notice to the other party. <br /> 7. Hold Harmless. Each party shall indemnify, defend, and hold harmless the other <br /> party from any liability arising from any negligent or wrongful act or failure to act on <br /> the part of itself and its employees. Neither party assumes responsibility to the <br /> other party for the consequences of any act or omission of any person, firm, or <br /> corporation not a party to this Agreement. <br /> 8. Effective Date and Filing. This Agreement is effective on the date of execution of <br /> the agreement by both parties, provided that prior to this agreement becoming <br /> effective, executed copies of this agreement shall be filed as required by RCW <br /> 39.34.040. <br /> 9. Duration. This Agreement shall commence on the effective date and shall remain <br /> in effect until terminated by either party in accordance with Section 5. <br /> 10. Termination. Either party to this agreement may terminate its participation in the <br /> agreement by giving the other party to the agreement thirty (30) days written notice <br /> of such intent to terminate. Termination shall not effect or impair purchases that the <br /> parties have agreed to on or before the date of termination. <br /> 11. Administration. No new or separate legal or administrative entity is created by this <br /> agreement. Neither party is authorized to bind or otherwise obligate the other to any <br /> contract or obligation. <br /> SIGNATURES ON FOLLOWING PAGE <br /> Cooperative Purchasing Agreement(2018) Page 2 of 3 <br /> Cities of Bothell & Everett <br />