13-004 - Seattle King County Public Health - Memorandum of Understanding for Tukwila Community Center Use in Disaster

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Attachment 1 Contract # 2006NM005 Regional Disaster Plan for Public and Private Organizations in King County, Washington F. SUBSCRIBING ORGANIZATION LITIGATION PROCEDURES. Each Subscribing Organization seeking to be released, indemnified, held harmless or defended under this Article with respect to any claim shall promptly notify the Borrower of such claim and shall not settle such claim without the prior consent of Borrower, which consent shall not be unreasonably withheld. Such Subscribing Organization shall have the right to participate in the defense of said claim to the extent of its own interest. Subscribing Organization's personnel shall cooperate and participate in legal proceedings if so requested by the Borrower, and /or required by a court of competent jurisdiction. Article XV - SUBROGATION. A. BORROWER'S WAIVER. Borrower expressly waives any rights of subrogation against the Lender, which it may have on account of, or in connection with, the Lender providing Emergency Assistance to the Borrower under this Omnibus Agreement. B. LENDER'S RESERVATION AND WAIVER. Lender expressly reserves its right to subrogation against the Borrower to the extent the Lender incurs any self - insured, self- insured retention or deductible loss. The Lender expressly waives its rights to subrogation for all insured losses only to the extent the Lender's insurance policies, then in force, permit such waiver. Article XVI - WORKER'S COMPENSATION AND EMPLOYEE CLAIMS. Lender's employees, officers or agents, made available to Borrower, shall remain the general employee of Lender while engaged in carrying out duties, functions or activities pursuant to this Omnibus Agreement, and each Subscribing Organization shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers' compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each Subscribing Organization shall provide worker's compensation in compliance with statutory requirements of the state of residency. Article XVII - MODIFICATIONS. No provision of this Omnibus Agreement may be modified, altered, or rescinded by any individual Subscribing Organization without two- thirds affirmative concurrence of the Subscribing Organizations. The King County Emergency Management Advisory Committee will be the coordinating body for facilitating modifications of this Omnibus Agreement. Modifications to this Omnibus Agreement must be in writing and will become effective upon approval of the modification by a two- thirds affirmative vote of the Subscribing Organizations. Modifications must be signed by an authorized representative of each Subscribing Organization. The Basic Plan, OMNIBUS LEGAL AND FINANCIAL AGREEMENT Page 10 Version: 03 -31 -04 (Printed 04/07/04)