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suits, liability, loss, expenses, damages, and judgments of any nature whatsoever,
<br /> including, but not limited to, reasonable costs and attorneys' fees in defense
<br /> thereof, for injury, sickness, disability or death to persons or damage to property
<br /> or business, caused by or arising out of the City's performance of its obligations
<br /> under this Agreement, or the performance of its employees, agents, or
<br /> subcontractors or anyone for whose acts any of them may be liable. PROVIDED,
<br /> HOWEVER, that the City's obligation hereunder shall not extend to injury,
<br /> sickness, death or damage caused by or arising out of the sole negligence of the
<br /> County, its officers, officials, employees or agents. PROVIDED FURTHER that
<br /> in the event of the concurrent negligence of the parties, the City's obligations
<br /> hereunder shall apply only to the percentage of fault attributable to the City, its
<br /> employees, agents, or subcontractors.
<br /> C. The County shall hold harmless, indemnify and defend the City, its officers,
<br /> officials, employees and agents, from and against any and all claims, actions,
<br /> suits, liability, loss, expenses, damages, and judgments of any nature whatsoever,
<br /> including, but not limited to, reasonable costs and attorneys' fees in defense
<br /> thereof, for injury, sickness, disability or death to persons or damage to property
<br /> or business, caused by or arising out of the County's performance of its
<br /> obligations under this Agreement, or the performance of its employees, agents, or
<br /> subcontractors or anyone for whose acts any of them may be liable. PROVIDED,
<br /> HOWEVER, that the County's obligation hereunder shall not extend to injury,
<br /> sickness, death or damage caused by or arising out of the sole negligence of the
<br /> City, its officers, officials, employees or agents. PROVIDED FURTHER that in
<br /> the event of the concurrent negligence of the parties, the County's obligations
<br /> hereunder shall apply only to the percentage of fault attributable to the County, its
<br /> employees, agents, or subcontractors.
<br /> D. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the
<br /> Revised Code of Washington solely for the purposes of this provision and
<br /> acknowledges that this waiver was mutually negotiated. The terms of Section
<br /> VII, Insurance/Hold Harmless shall survive the termination or expiration of this
<br /> Agreement.
<br /> 4. Administration and Disposal of Property
<br /> This Agreement is executed in accordance with the authority of Chapter 39.34
<br /> RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW
<br /> 39.34.030, the County's Juvenile Detention Manager shall be responsible for
<br /> administering the confinement of detainees hereunder. No real or personal
<br /> property will be jointly acquired by the parties under this Agreement. All
<br /> property owned by each of the parties shall remain its sole property to hold and
<br /> dispose of in its sole discretion.
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