|
Parties, their officers, elected officials, agents and employees, while acting within the scope of
<br />their employment as such, from and against any and all claims (including demands, suits,
<br />penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever)
<br />arising out of or in any way resulting from such Party's own negligent acts or omissions related to
<br />such Party's participation and obligations under this Agreement. Each Party to this Agreement
<br />agrees that its obligations under this subsection extend to any claim, demand and /or cause of
<br />action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by
<br />mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would
<br />otherwise be available against such claims under the industrial insurance act provisions of Title
<br />51 RCW. In the event that either Party incurs any judgment, award, and /or cost arising
<br />therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees,
<br />expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's
<br />culpability. The provisions of this Section shall survive and continue to be applicable to Parties
<br />exercising the right of termination pursuant to Section 9 herein.
<br />11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume
<br />any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to
<br />any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
<br />act, statute, regulation or ordinance of any local municipality or government, the State of
<br />Washington, or the United States.
<br />12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that
<br />no Party is committing to adopt or implement any actions or recommendations that may be
<br />contained in the Salmon Habitat Plan.
<br />13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
<br />more of the Parties from choosing or agreeing to fund or implement any work, activities or
<br />projects associated with any of the purposes hereunder by separate agreement or action,
<br />provided that any such decision or agreement shall not impose any funding, participation or other
<br />obligation of any kind on any Party which is not a party to such decision or agreement.
<br />14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
<br />construed to, create any rights in any third party, including without limitation the National Oceanic
<br />and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency
<br />or department of the United States, or the State of Washington, or to form the basis for any
<br />liability on the part of the WRIA 9 ILA Parties or any of the Parties, or their officers, elected
<br />officials, agents and employees, to any third party.
<br />15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous
<br />consent of the Parties to this Agreement, and requires authorization and approval by each Party's
<br />governing body.
<br />16. COUNTERPARTS. This Agreement may be executed in counterparts.
<br />ILA WRIA9 2016 -2025 05- 14- 2015.docx Page 11
<br />
|