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intentionally wrongful conduct that is outside of the scope of employment <br />of any individual or for any judgment of punitive damages against any <br />individual or jurisdiction Payment of any award for punitive damages <br />shall be the sole responsibility of the person or jurisdiction that employs <br />the person against whom such award is rendered <br />C Collective Representation and Defense The jurisdictions may retain joint <br />legal counsel to collectively represent and defend the jurisdictions in any <br />legal action Those jurisdictions retaining joint counsel shall share equally <br />the costs of such representation or defense <br />In the event a jurisdiction does not agree to joint representation, the <br />jurisdiction shall be solely responsible for all attorneys fees accrued by its <br />individual representation or defense <br />The jurisdictions and their respective defense counsel shall make a good <br />faith attempt to cooperate with other participating jurisdictions by, <br />including but not limited to, providing all documentation requested, and <br />making SRT members available for depositions, discovery, settlement <br />conferences, strategy meetings, and trial <br />D Removal From Lawsuit In the event a jurisdiction or employee is <br />successful in withdrawing or removing the jurisdiction or employee from a <br />lawsuit by summary judgment, qualified immunity, or otherwise, the <br />jurisdiction shall nonetheless be required to pay its equal share of any <br />award for or settlement of the lawsuit, PROVIDED, however, that in the <br />event a jurisdiction or employee is removed from the lawsuit and <br />subsection (A) of this section is satisfied, the jurisdiction shall not be <br />required to pay any share of the award or settlement <br />E Settlement Process It is the intent of this Agreement that the jurisdictions <br />act in good faith on behalf of each other in conducting settlement <br />negotiations on liability claims or lawsuits so that, whenever possible, all <br />parties agree with the settlement or, in the alternative, agree to proceed to <br />trial In the event a claim or lawsuit requires the sharing of liability, no <br />individual jurisdiction shall be authorized to enter into a settlement <br />agreement with a claimant or plaintiff unless all jurisdictions agree with the <br />terms of the settlement Any settlement made by an individual jurisdiction <br />without the agreement of the remaining jurisdictions, when required, shall <br />not relieve the settling jurisdiction from paying an equal share of any final <br />settlement or award <br />F Defense Waiver This section shall not be interpreted to waive any <br />defense arising out of RCW Title 51 <br />G Insurance The failure of any insurance carrier or self- insured pooling <br />organization to agree to or follow the terms of this section shall not relieve <br />any individual jurisdiction from its obligations under this Agreement. <br />VSRT 03 -20 -2007 <br />INTERLOCAL AGREEMENT <br />