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2. Duration and Termination The initial term of this Agreement shall begin upon <br />execution by both parties and extend until termination Either party may terminate this <br />Agreement by providing written notice of such intent to terminate at least ten (10) days prior to <br />the termination date <br />3. Equipment. Renton will retain all right, title, and interest in the Equipment assigned <br />to the Tukwila Fire Department for the duration of this Agreement, with the stipulation that <br />such equipment continues to be used for delivery of fire and rescue services. Renton makes no <br />representation or warranty, express or implied, as to the condition of such equipment or its <br />suitability and fitness for use by the Tukwila Fire Department for the delivery of fire and rescue <br />services. Only that Equipment identified in attached Exhibit "A" is intended to be assigned to <br />Tukwila pursuant to the terms and conditions of this Agreement. Upon termination of this <br />Agreement, Tukwila shall return the Equipment to Renton in substantially the same condition <br />including routine wear and tear for such equipment. <br />4 Fees and Reimbursements. Renton will provide the Equipment to Tukwila at no cost <br />during the duration of this Agreement. All expenses related to operating, maintaining, and <br />insuring the Equipment during the term of this Agreement shall be the responsibility of Tukwila <br />5 Indemnification Tukwila agrees to and shall hold harmless, defend and indemnify <br />Renton and its officers, agents and representatives, from and against any liability and damages, <br />and claims of such liability and damages arising out of or in connection with performance of this <br />Agreement and /or use of the Equipment referenced in paragraph 3 above, except to the extent <br />that the same is caused by the negligence of Renton or its officers, agents and representatives <br />to be indemnified under this Section. No claim or litigation shall be settled without prior <br />approval of Renton <br />Renton agrees to and shall hold harmless, defend and indemnify Tukwila and its officers, agents <br />and representatives, from and against any liability and damages, and claims of such liability and <br />damages arising out of or in connection with performance of this Agreement and /or use of the <br />Equipment referenced in paragraph 3 above, except to the extent that the same is caused by <br />the negligence of Tukwila or its officers, agents and representatives to be indemnified under <br />this Section No claim or litigation shall be settled without prior approval of Tukwila. <br />This Section shall remain in force despite termination or expiration of this Agreement with <br />respect to acts and /or omissions occurring before termination of this Agreement (whether by <br />expiration of the term or otherwise) <br />6. Insurance. During the term of this Agreement, Tukwila shall keep and maintain the <br />following policies of insurance in full force and effect with regard to the use of the Equipment <br />referenced in paragraph 3 above <br />Page 2 <br />H:102 Mark\Fire Department Contracts and Agreements\2009 -08 -21 Final ILA_Tuwila_Renton_Fire Enginel l.doc /COR/O8 /21/09 <br />