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appropriations beyond current appropriation authority, each of the Parties' obligations are
<br /> contingent upon the appropriation of sufficient funds by that Party's legislative authority to
<br /> complete the activities described herein. If no such appropriation is made for either Party,this
<br /> Agreement will terminate at the close of the appropriation year for which the last
<br /> appropriation that funds these activities was made.
<br /> E. Effectiveness and Duration
<br /> 1. This Agreement is effective upon signature by both Parties and shall remain in effect until
<br /> December 31,2023 or until a total of$60,000 has been incurred,unless terminated as set
<br /> forth in Section H. of this Agreement.
<br /> 2. This Agreement may be amended, altered, clarified, or extended only by the written
<br /> agreement of the Parties hereto. Costs listed in Exhibits One and Two will be revised
<br /> annually(for 2020 thru 2023). The City of Everett will be notified of annual price changes
<br /> by January 15 of each year.
<br /> 3. This Agreement is not assignable by either Party, either in whole or in part.
<br /> 4. This Agreement is a complete expression of the intent of the Parties and any oral or written
<br /> representations or understandings not incorporated herein are excluded. The Parties
<br /> recognize that time is of the essence in the performance of the provisions of this Agreement.
<br /> Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of
<br /> breach of any provision of this Agreement shall not be deemed to be a waiver of any other or
<br /> subsequent breach and shall not be construed to be a modification of the terms of the
<br /> Agreement unless stated to be such through written approval by the Parties which shall be
<br /> attached to the original Agreement.
<br /> F. Indemnification
<br /> To the maximum extent allowable by law,the Service Recipient shall protect,defend, indemnify,
<br /> and save harmless King County, its officers, officials,employees, and agents,while acting within
<br /> the scope of their employment,from any and all costs,claims,judgments,penalties,and/or
<br /> awards of damages,arising out of or in any way resulting from the Service Recipient's own
<br /> negligent acts or omissions in performing its obligations pursuant to this Agreement. To the
<br /> maximum extent allowable by law, King County shall protect,defend, indemnify, and save
<br /> harmless the Service Recipient, its officers, officials, employees, and agents,while acting within
<br /> the scope of their employment, from any and all costs,claims,judgments, penalties, and/or
<br /> awards of damages, arising out of or in any way resulting from King County's own negligent acts
<br /> or omissions in performing its obligations pursuant to this Agreement. Each Party agrees that its
<br /> obligations under this subparagraph extend to any claim, demand,and/or cause of action brought
<br /> by, or on behalf of, any of its employees or agents. For this purpose, each Party,by mutual
<br /> negotiation, hereby waives,with respect to the other Party only, any immunity that would
<br /> otherwise be available against such claims under the Industrial Insurance provisions of Title 51
<br /> RCW. In the event that a Party incurs any judgment, award, and/or cost arising therefrom,
<br /> including attorneys' fees,to enforce the provisions of this Article, all such fees, expenses, and
<br /> costs shall be recoverable from the responsible Party to the extent of that Party's culpability. The
<br /> indemnifications provided for in this Section F. shall survive the termination of this Agreement.
<br /> G. Reporting and Record Retention Obligation
<br /> King County's sole reporting obligation under this Agreement is to provide the results of
<br /> laboratory analytical services to the Service Recipient. The Parties agree that King County's
<br /> reporting obligations do not extend to any third party, including any regulatory agency that may
<br /> seek to obtain or require the results of laboratory analyses. The Parties further agree that any
<br /> reporting obligations that may exist with regard to third parties, including regulatory agencies,
<br /> shall remain solely the responsibility of the Service Recipient. King County shall have no
<br /> liability for any failure to meet any existing reporting requirements and the Service Recipient
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