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effective date of conveyance of the Property to the City, except to the extent that <br />indemnifying or holding the County 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 King County or King County and the City, the City shall defend the <br />same at its sole cost and expense and, if final judgment be rendered against King County <br />and its officers, agents and employees or jointly against King County and the City and <br />their respective officers, agents and employees, the City shall satisfy the same <br />6 4 Each Party to this Agreement shall immediately notify the other of any and all claims, <br />actions, losses or damages that arise or are brought against that Party relating to or <br />pertaining to the Property <br />6.5 Each party agrees that its obligations under this paragraph extend to any claim, demand, <br />and /or cause of action brought by or on behalf of any employees, or agents. For this <br />purpose, each party, by mutual negotiation, hereby waives, with respect to the other party <br />only, any immunity that would otherwise be available against such claims under the <br />Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to <br />indemnify the other party <br />7 Audits and Inspections <br />7 1 Until December 31, 2008, any of either party's records related to any matters covered by <br />this Intergovernmental Agreement not otherwise privileged shall be subject to <br />inspection, review, and /or audit by either party at the requesting party's sole expense <br />Such records shall be made available for inspection during regular business hours within <br />a reasonable time of the request. <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, <br />modified or deleted except by an instrument, in writing, signed by the parties hereto <br />9 Entire Agreement and Modifications <br />9 1 This Intergovernmental Agreement and its Exhibits sets forth the entire agreement <br />between the parties with respect to the subject matter hereof. It may be supplemented by <br />addenda or amendments, which have been agreed upon by both parties in writing. <br />Copies of such addenda and amendments shall be attached hereto and by this reference <br />made part of this contract as though fully set forth herein. <br />10 Duration and Authority <br />10 1This agreement shall be effective upon signature and authorization by both parties. The <br />terms, covenants, representations and warranties contained herein shall not merge in the <br />6 <br />