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9. Right to Contract—Independent Action Preserved. Each party reserves the right to contract <br /> independently for the acquisition of goods or services without notice to the other party and <br /> shall not bind or otherwise obligate the other party to participate in the activity. <br /> 10. Hold Harmless. Each party shall indemnify, defend and hold the other party harmless from <br /> any liability arising from any negligent or wrongful act or failure to act on the part of itself and <br /> its employees. Neither party assumes responsibility to the other party for the consequences of <br /> any act or omission of any person, firm or corporation not a party to this agreement. <br /> Dated: dp0 , 20 Dated: I , 20 17 <br /> BAINBRI GE ISLAND FIRE CITY OF EVERETT <br /> D ARTMENT <br /> By : 0 b----- By : 12,40 1444444444-' <br /> Fire Chief <br /> AP OVED AS{TO F011 <br /> JAMES D.ILES,City Attorney <br /> ATTEST: <br /> I Pp <br /> P City Clerk <br /> - 2- <br />