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901- 319.AG <br />awards of damages, including attorneys' <br />in any way resulting from the Projects, <br />fees, arising out of or <br />including but not limited <br />to the negligent acts or omissions of the City, its officers, <br />employees or agents. For purposes of this Agreement only, the <br />City agrees to waive the immunity granted for industrial <br />insurance claims pursuant to Washington statute chapter 52 to the <br />extent necessary to extend its obligation under this subparagraph <br />to any claim, demand, or cause of action brought by or on behalf <br />of any employees, including judgments, awards and costs arising <br />therefrom including attorneys' fees. <br />9.2. Amendment. The parties reserve the right to amend or <br />modify this Agreement. Such amendments or modifications must be <br />by written instrument, signed by the parties and approved by the <br />respective City and County Councils. <br />9.3. Contract Waiver. No waiver by either party of any <br />term or condition of this Agreement shall be deemed or construed <br />to be a waiver of any other term or condition, nor shall a waiver <br />of any breach, be deemed to constitute a waiver of any subsequent <br />breach whether of the same or a different provision of this <br />Agreement. No waiver shall be effective unless made in writing. <br />9.4. potices. Any notice, consent, demand or other <br />communication hereunder shall be in writing and shall be deemed <br />to have been given if delivered in person or deposited in any <br />United States Postal Service mail box, sent by registered or <br />certified mail, return receipt requested, and first class postage <br />prepaid, addressed to the party for whom it is intended as <br />16 <br />