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of sufficient funds to support the activities described in this Agreement. Should such <br />appropriation not be approved, this Agreement will terminate at the close of the last <br />year for which appropriation has been provided. In such case, the County or City <br />respectively shall provide prompt written notice to the other Party that no <br />appropriation has been made for the subsequent year. <br />VII. General Provisions <br />A. The failure of either Party to insist upon strict performance of any of the covenants and <br />agreements contained herein, or to exercise any option herein contained in one of more <br />instances, shall not be construed to be a waiver or relinquishment of said covenants, <br />agreements or options and the same shall be in full force and effect. <br />B. The provisions of this Agreement are declared to be severable. If any provision of this <br />Agreement is for any reason held by a court of competent jurisdiction to be invalid or <br />unconstitutional, such invalidity or unconstitutionality shall not affect the validity or <br />unconstitutionality of any other provision. <br />C. This Agreement shall be governed by, and construed and enforced in accordance with, <br />the laws of the State of Washington, without reference to its choice of law rules. The <br />parties hereby irrevocably consent to the jurisdiction of the state courts for King County <br />and the federal courts for the Western District of Washington for purposes of resolving <br />any dispute under this Agreement and expressly waive any objections as to venue in any <br />such courts. <br />D. Sections II.B., IV.B.3., V.D., VI.B., VII, and VIII shall survive the termination of this <br />Agreement. <br />VIII. Indemnification <br />Tukwila shall protect, defend, indemnify, and save harmless King County, its officers, <br />officials, employees, and agents, while acting within the scope of their employment, from <br />any and all costs, claims, judgments, penalties, and/or awards of damages, arising out of or <br />in any way resulting from Tukwila's own negligent acts or omissions in connection with its <br />obligations under the terms of this Agreement. King County shall protect, defend, <br />indemnify, and save harmless Tukwila, its officers, officials, employees, and agents, while <br />acting within the scope of their employment, from any and all costs, claims, judgments, <br />5 <br />51 <br />