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<br />9 LIABILITY <br />10 OTHER PROVISIONS <br />Washington State law shall govern the respective liabilities of the Parties to this Agreement for <br />any loss due to property damage or injury to persons arising out of activities conducted pursuant <br />to this Agreement. <br />10 1 The Parties agree to negotiate a separate agreement for the operation and <br />maintenance of the ITS within the Comdor <br />10.2 The County shall be deemed an independent contractor for all purposes and the <br />employees of the County, or any of its contractors, subcontractors and their <br />employees shall not in any manner be deemed to be employees or agents of the <br />Cities <br />10 3 Nothing contained herein is intended to, or shall be construed to, create any rights <br />in any person or entity not a signatory to this Agreement, or to form the basis for <br />any liability on the part of the Cities, the County, or their officials, employees, <br />agents or representatives, to any person or entity not a signatory to this <br />Agreement. <br />10 4 Waiver of any breach of any provision of this Agreement shall not be deemed to <br />be a waiver of any prior or subsequent breach and shall not be construed to be a <br />modification of the terms of this Agreement. <br />10 5 Each Party shall retain ownership and usual maintenance responsibility for the <br />road, drainage system, signs, sidewalk and other property within its junsdiction <br />10 6 The headings in this Agreement are for convenience only and do not in any way <br />limit or amplify the provisions of this Agreement. <br />10 7 If any provision of this Agreement shall be held invalid, the remainder of the <br />Agreement shall not be affected thereby if such remainder would then continue to <br />serve the purposes and objectives of the Parties <br />10 8 This Agreement contains the entire agreement of the Parties and any <br />representations or understandings, whether oral or wntten, not incorporated herein <br />are excluded. <br />10 9 This Agreement may be amended only by an instrument in writing, duly executed <br />by all Parties <br />IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the <br />6 <br />