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B. Everett may adjust the per Animal administrative fee imposed pursuant to this Agreement
<br /> on an annual basis to be effective on January 1 of each calendar year. If Everett intends to adjust
<br /> said fee, it will give Brier at least ninety (90) days written notice of its intent to do so.
<br /> C. Notwithstanding section I.C.1 above, Everett, in its sole discretion, may establish and
<br /> charge additional fees for services not provided pursuant to this Agreement.
<br /> D. Everett shall deliver a monthly invoice detailing the total number of Animals delivered
<br /> and their disposition. Each invoice shall also be accompanied by a list that covers the same
<br /> period as the invoice, showing the name, address, phone number and driver's license number of
<br /> the person delivering the Animal that corresponds to each Animal on the invoice, the address
<br /> where the Animal was found, if stray, and the name, address, phone number and driver's license
<br /> number of any person reclaiming an Animal during the invoice period. The invoice shall include
<br /> a detailed list of any Animal that incurred other fees or charges during the invoice period,
<br /> including any Animal held pursuant to section I.F.3. and I.F.4., the number of days held, and the
<br /> name of the Brier Animal Control Officer or other representative requesting the hold or other
<br /> activity.
<br /> E. Everett must maintain adequate records to support billings for a period of six (6)years
<br /> after the date of billing. Brier or any of its duly authorized representatives shall have access to
<br /> any books, documents, papers and records of Everett which are directly related to this Agreement
<br /> for the purposes of audit examinations.
<br /> IV. TERMINATION
<br /> Either party may terminate this Agreement, for any reason, by sixty (60) days' written notice to
<br /> the other party.
<br /> V. INDEMNIFICATION
<br /> A. Each party agrees to defend, indemnify and hold harmless the other party from any and
<br /> all claims arising out of, in connection with, or incident to its conduct relating to this Agreement.
<br /> A party shall not indemnify the other party for the other party's sole negligence. If a claim is
<br /> caused by or results from the conduct of both parties, each party shall be responsible to the extent
<br /> of its fault.
<br /> B. As used in this paragraph, "claims" include, but are not limited to, any and all losses,
<br /> claims, demands, expenses (including, but not limited to, attorney's fees and litigation expenses),
<br /> suits,judgments, or damages, irrespective of the type of relief sought or demanded, such as
<br /> money or injunctive relief, and irrespective of whether the damage alleged is bodily injury,
<br /> damage to property, economic loss, general damages, special damages, or punitive damages.
<br /> "Party" includes Everett, Brier, and their employees, officers, representatives, and elected
<br /> officials.
<br /> INTERLOCAL AGREEMENT RE ANIMAL SHELTER Page 4 of 6
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