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federal agencies to leave any exposed or altered area open for inspection and/or remediation.
<br />In addition, the City shall defend, indemnify and hold harmless the County and its elected
<br />officials, officers, agents and employees, or any of them, from all claims, demands, suits,
<br />actions, and liabilities of any kind, including injuries to persons or damages to property,
<br />which anse out of, are connected with, or are due to any negligent errors, omissions or acts of
<br />the City and/or its contractors, employees, agents, and representatives in the performance of
<br />the tests, inspections, studies, surveys or appraisals of the Property The City specifically
<br />assumes potential liability for actions brought by the City's own employees against the
<br />County ansing from such tests, inspections, studies, surveys or appraisals, and for that
<br />purpose the City specifically waives, as respects the County only, any immunity under the
<br />Worker's Compensation Act, RCW Title 51, and the City recognizes that this waiver was the
<br />subject of mutual negotiation.
<br />6.2 If after conducting its tests, inspections, studies, surveys and appraisals the City
<br />determines, in its sole discretion, that condition(s) exist on the Property that will substantially
<br />impact the salability of the Property (other than naturally occurring conditions), the City may
<br />request that the County remediate such condition(s) In the event that the County fails, within
<br />90 days of receiving the request from the City, to agree to such remediation, or thereafter
<br />fails, within a reasonable penod of time (but in any event pnor to the date of conveyance of
<br />the Property), to accomplish such remediation, this Agreement shall, at the City's sole
<br />discretion, upon written notice to the County, become null and void and the parties shall have
<br />no further obligations under this Agreement or the JSA with respect to this Property
<br />6.3 Within thirty (30) days of the execution of this Agreement, the County shall provide the
<br />City with copies of all of its records related to the County's acquisition and maintenance of
<br />and to the condition of the Property
<br />7 Legal Relationship
<br />7 1 The parties to this Agreement execute and implement this Agreement solely as County
<br />and City No partnership, joint venture or joint undertaking shall be construed from this
<br />Agreement.
<br />8. Waiver and Amendments
<br />8 1 Waiver of any breach of any term or condition of this Agreement shall not be deemed a
<br />waiver of any prior or subsequent breach. No term or condition shall be waived, modified or
<br />deleted except by an instrument, in wntmg, signed by the parties hereto
<br />9 Entire Agreement and Modifications
<br />9 1 The JSA and this Intergovernmental Agreement and its Exhibits set forth the entire
<br />agreement between the parties with respect to the subject matter hereof. Any amendment or
<br />modification of the terms of this Agreement must be made in writing and signed by both
<br />parties hereto
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