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business, caused by or arising out of or relating to this Agreement. Provided that in the event of <br /> the concurrent negligence of the parties, the Storm's obligations hereunder shall apply only to the <br /> percentage of fault attributable to the Storm, its officers, employees or agents. <br /> 9. Independent Contractor/Public Duty Doctrine. <br /> It is further agreed by and between the parties that this Agreement shall not constitute nor <br /> create an employer-employee relationship. <br /> The purpose of this Agreement is to provide an administrative framework for the provision of <br /> City EMS at the Arena. The City's performance of this Agreement is a governmental function of <br /> the City fully subject to the Washington public duty doctrine. The Storm waives any right it may <br /> have to assert that the City's performance of the Agreement falls under any exception to the public <br /> duty doctrine,including without limitation any exception based on(a)legislative intent,(b)failure- <br /> to-enforce,(c) rescue or(d)special relationship. <br /> 10. [Not Used' <br /> 11. Compliance with Federal,State and Local Laws. Both parties shall comply with and obey <br /> all federal, state and local laws, regulations, and ordinances applicable to the performance of <br /> Service hereunder. <br /> 12. Waiver. Any waiver by the Storm or the City of the breach of any provision of this Agreement <br /> by the other party will not operate,or be construed,as a waiver of any subsequent breach by either <br /> party or prevent either party from thereafter enforcing any such provisions. <br /> 13. Complete Agreement. This Agreement contains the complete and integrated understanding <br /> and Agreement between the parties and supersedes any understanding, Agreement or negotiation <br /> whether oral or written not set forth herein. <br /> 14. Modification of Agreement. This Agreement may be modified as provided in Paragraph 6, <br /> or by a writing explicitly identified as a modification of this Agreement that is signed by authorized <br /> representatives of the City and The Storm. <br /> 15. Severability. If any part of this Agreement is found to be in conflict with applicable laws, <br /> such part shall be inoperative,null and void,insofar as it is in conflict with said laws,the remainder <br /> of the Agreement shall remain in full force and effect. <br /> 16. Notices. <br /> A. Notices to the City shall be sent to the following address: <br /> City of Everett <br /> Attn: Fire Chief <br /> 2930 Wetmore Ave,Suite 7A <br /> Everett, WA 98201 <br /> (425)257-8101 <br /> 3 <br />