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5.3 If the City discovers the presence of hazardous materials at levels that could give rise to
<br />a statutory claim for contribution against the County it shall immediately notify the
<br />County in writing. Such notice shall in no event be provided more than 30 days after
<br />discovery The parties shall make their best efforts to reach agreement as to which party
<br />is responsible for remediation under the terms of the Agreement prior to undertaking any
<br />remediation.
<br />5 4 In no event shall the County be responsible for any costs of remediation that exceed the
<br />minimum necessary to satisfy the state or federal agency with jurisdiction over the
<br />remediation.
<br />6 Indemnification and Hold Harmless
<br />6 1 King County shall indemnify and hold harmless the City and its elected officials,
<br />officers, agents or employees, or any of them, from and against any and all claims,
<br />actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i)
<br />which are caused by or result from a negligent action or omission of King County, its
<br />officers, agents and employees in performing its obligations pursuant to this Agreement,
<br />and /or (ii) arising from those occurrences related to the Property that occurred prior to
<br />the effective date of conveyance of the Property to the City, except to the extent that
<br />indemnifying or holding the City harmless would be limited by Section 5 of this
<br />Agreement. In the event that any suit based upon such a claim, action, loss or damage is
<br />brought against the City or the City and King County, King County shall defend the
<br />same at its sole cost and expense and, if final judgment be rendered against the City and
<br />its elected officials, officers, agents and employees or jointly against the City and King
<br />County and their respective elected officials, officers, agents and employees, King
<br />County shall satisfy the same.
<br />6.2 In executing this Agreement, the County does not assume liability or responsibility for or
<br />in any way release the City from any liability or responsibility which arises in whole or
<br />in part from the existence or effect of City ordinances, rules or regulations. If any cause,
<br />claim, suit, action or administrative proceeding is commenced in which the
<br />enforceability and /or validity of any such City ordinance, rule or regulation is at issue,
<br />the City shall defend the same at its sole expense and if judgment is entered or damages
<br />are awarded against the City, the County or both, the City shall satisfy the same,
<br />including all chargeable costs and attorney's fees.
<br />6.3 The City shall indemnify and hold harmless King County and its elected officials,
<br />officers, agents and employees, or any of them, from and against any and all claims,
<br />actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i)
<br />which are caused by or result from a negligent act or omission of the City its officers,
<br />agents and employees in performing obligations pursuant to this Agreement, and /or (ii)
<br />arising from those occurrences related to the Property that occurred on or after the
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