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Nothing herein shall be interpreted to <br />RAIN ILA 2007 <br />APPENDIX A <br />a. Waive any defense arising out of RCW Title 41 <br />Language for Interlocal Agreement on Hold Harmless <br />Insurance, Liability Each Cooperating Agency shall be responsible for the wrongful or <br />negligent actions of its employees ansing out of performance of this agreement as their <br />respective liability shall apply under the laws of the State of Washington and/or Federal <br />law and this Agreement is not intended to diminish or expand such liability <br />To that end each Cooperating Agency promises to hold harmless and release all other <br />participating Agencies from any loss, claim or liability arising from or out of the <br />negligent, tortious action(s) or inaction(s) of its employees, officers and officials. Such <br />liability shall be apportioned among the parties or other at fault persons or entities in <br />accordance with the laws of the State of Washington. <br />b Limit the ability of a participant to exercise any right, defense, or remedy <br />which a party may have with respect to third parties or other Officer(s) whose <br />action(s) or inaction give nses to loss, claim or liability including but not <br />limited to an assertion that the Officer(s) was acting beyond the scope of his <br />or her employment. <br />c. Cover or require indemnification or payment of any judgment against any <br />individuals or Agency for intentionally wrongful conduct outside the scope of <br />employment of any individual or Agency Payment of punitive damage <br />awards, fines or sanctions shall be the sole responsibility of the individual <br />against whom said judgment is rendered and /or his or her municipal employer, <br />should that employer elect to make said payment voluntanly This Agreement <br />does not require indemnification of any punitive damage awards or for any <br />order imposing fines or sanctions. <br />