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a written decision. This decision shall make findings of fact and conclusions <br />of law based on the Tukwila Municipal Code The written decision shall be <br />issued within 15 business days of the hearing unless unusual circumstances <br />exist. <br />8 Duration. This Agreement shall take effect upon execution of the Agreement <br />by both parties, and the appointment of the hearing examiner by the Mayor of <br />Tukwila and the approval of the Tukwila City Council. This Agreement shall <br />remain in effect for one year and shall be subject to renewal every year by <br />mutual agreement. <br />9 Termination. Either party may terminate this Agreement by giving thirty (30) <br />days written notice of termination to the other party <br />10 Indemnification and Hold Harmless Seattle shall defend, indemnify, and <br />hold harmless Tukwila and its officers, agents, and employees from any and <br />all claims, actions, suits, liability, loss, costs, expenses, and damages of any <br />nature whatsoever, by reason or arising out of any negligent action or <br />omission of Seattle, its officers, agents, and employees in relation to this <br />Agreement. Likewise, Tukwila shall defend, indemnify, and hold harmless <br />Seattle and its officers, agents, and employees from any and all claims, <br />actions, suits, liability, loss, costs, expenses, and damages of any nature <br />whatsoever, by reason or arising out of any negligent action or omission of <br />Tukwila, its officers, agents, and employees in relation to this Agreement. <br />Except as provided below, in the event the parties are determined jointly liable <br />to any claimant or litigant, each party shall bear responsibility for its own <br />defense, including the payment of all attorney fees and costs associated <br />therewith, and shall satisfy any judgment or settlement to the extent fault is <br />allocated to such party <br />Seattle does not assume liability or responsibility for, or in any way release <br />Tukwila from, any liability or responsibility that arises, in whole or in part, <br />from the existence or effect of Tukwila's ordinances, code, policies, rules, or <br />regulations. If any cause, claim, or action of any kind is commenced in which <br />the enforceability and /or validity of any Tukwila ordinance, code, policy, or <br />regulation, including its constitutionality, is at issue, Tukwila shall defend the <br />same at its sole cost and expense, and if judgment is entered, or damages are <br />awarded against Seattle, or against Seattle and Tukwila jointly, Tukwila shall <br />promptly satisfy the same <br />12 Annlicable Law This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Washington. In the event any suit, <br />arbitration or other proceeding is instituted to enforce any term of this <br />Agreement, the parties specifically understand and agree that venue shall be <br />exclusively in King County, Washington. <br />-2- <br />H: \Sue's shared documents\Admin \Contracting \Tukwila \Interlocal Hearing Examiner2.DOC <br />