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Document Dated 5 -28 -10
<br />relating to or arising out of performing services pursuant to this Agreement.
<br />In the event that any such suit based upon such a claim, action, loss, or
<br />damages is brought against the City, the County shall defend the same at its
<br />sole cost and expense; provided that the City reserves the right to participate
<br />in said suit if any principle of governmental or public law is involved; and if
<br />final judgment in said suit be rendered against the City, and its officers,
<br />agents, and employees, or any of them, or jointly against the City and the
<br />County and their respective officers, agents, and employees, or any of them,
<br />the County shall satisfy the same.
<br />b. County Held Harmless. The City shall indemnify and hold harmless the
<br />County and its officers, agents, and employees, or any of them from any and
<br />all claims, actions, suits, liability, loss, costs, expenses, and damages of any
<br />nature whatsoever, by any reason of or arising out of any negligent act or
<br />omission of the City, its officers, agents, and employees, or any of them
<br />relating to or arising out of performing services pursuant to this Agreement.
<br />In the event that any suit based upon such a claim, action, loss, or damages is
<br />brought against the County, the City shall defend the same at its sole cost
<br />and expense; provided that the County reserves the right to participate in
<br />said suit if any principle of governmental or public law is involved; and if
<br />final judgment be rendered against the County, and its officers, agents, and
<br />employees, or any of them, or jointly against the County and the City and
<br />their respective officers, agents, and employees, or any of them, the City shall
<br />satisfy the same.
<br />c. Liability Related to City Ordinances. Policies, Rules and Regulations. In
<br />executing this Agreement, the County does not assume liability or
<br />responsibility for or in any way release the City from any liability or
<br />responsibility that arises in whole or in part as a result of the application of
<br />City ordinances, policies, rules or regulations that are either in place at the
<br />time this Agreement takes effect or differ from those of the County; or that
<br />arise in whole or in part based upon any failure of the City to comply with
<br />applicable adoption requirements or procedures. If any cause, claim, suit,
<br />action or administrative proceeding is commenced in which the
<br />enforceability and /or validity of any such City ordinance, policy, rule or
<br />regulation is at issue, the City shall defend the same at its sole expense and, if
<br />judgment is entered or damages are awarded against the City, the County, or
<br />both, the City shall satisfy the same, including all chargeable costs and
<br />reasonable attorney's fees.
<br />d. Waiver Under Washington Industrial Insurance Act. The foregoing
<br />indemnity is specifically intended to constitute a waiver of each party's
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