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solely by the negligence or willful misconduct of such City, its agents, affiliated <br />corporations, officers, officials, employees, volunteers, or lower tier subcontracts <br />(hereinafter tortfeasors), arising out of or in connection with the performance of this ILA. <br />If the negligence or willful misconduct of more than one City or its tortfeasors is a <br />cause of such claims then the liability shall be shared between those Cities in proportion <br />to the relative degree of negligence or willful misconduct between such Cities and such <br />proportion shall apply to the rights of indemnity and defense. <br />Should a court of competent jurisdiction determine that this ILA is subject to <br />RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to <br />persons or damages to property caused by or resulting from the concurrent negligence of <br />the Cites and their tortfeasors, then each City's liability shall be only to the extent of its <br />negligence. <br />Solely for the purposes of this indemnification, each City hereby waives its <br />immunity under Industrial Insurance, Title 51 RCW for claims of any type brought by <br />any City agency or employees against the other Cities. This waiver is specifically <br />negotiated by the parties and a portion of the City's payment hereunder is expressly made <br />in consideration for the waiver. <br />The provisions of this section shall survive the expiration or termination of this <br />ILA. <br />SECTION 6. Applicable Law; Venue; Attorney's Fees: This Agreement shall <br />be governed by and construed in accordance with the laws of the State of Washington. In <br />the event any suit, arbitration, or other proceeding is instituted to enforce any term of this <br />Agreement the parties specifically understand and agree that venue shall be exclusively <br />in King County, Washington. The prevailing party in any such action shall be entitled to <br />its attorney's fees and costs of suit. <br />SECTION 7. Insurance: <br />(A) The Cities agree to provide to each other signatory of the ILA, in a form <br />and in terms acceptable to the receiving party, evidence of insurance coverage, in the <br />form of a certificate of insurance from a solvent insurance provider and/or a letter <br />Interlocal Agreement <br />For Feasibility Study p. 3 of 7 <br />