02-102 - King County - Inmate Housing / Jail Services

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and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industnal Insurance provisions of Title 51 RCW but only to the extent necessary to indemnify the other party 4 5 These indemnification provisions shall survive the conveyance of the Property and any termination of this Agreement or the JSA. 5. Environmental Liability 5 1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, matenals, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 5.2 Nothing in this Agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous matenals deposited or released on the Property by the County, its agents or permittees during the County's period of ownership The City may not, however, assert such a claim to the extent that the City exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on the Property, changing the configuration of the Property, or changing the use of the Property The preceding sentence shall not apply to tests, inspections, studies, surveys or appraisals conducted by the City pursuant to Section 6 1 5 3 If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall notify the County in writing as soon as reasonably practicable, but in any event not more than sixty (60) days after discovery The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement pnor to undertaking any remediation. 5 4 In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. 6. City Right of Inspection 6 1 Pnor to the date of conveyance, the City shall have the nght at City expense to perform any and all tests, inspections, studies, surveys or appraisals of the Property reasonably deemed necessary by the City Upon seven (7) days written notice to the County, the City may enter the Property and conduct such tests, inspections, studies, surveys and appraisals. County representatives may attend and witness such tests, inspections, studies, surveys and appraisals. After conducting its tests, inspections, studies, surveys or appraisals of the Property, the City shall restore the Property, as nearly as is practicable, to its condition on the date of City's entry thereon, except to the extent that the City may be required by state or 4