11-127 - King County / Tukwila et al - Climate Collaboration

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participants, this Agreement shall be deemed terminated and all funding remaining after all services, fees and costs incurred to that date are paid, shall be returned by King County to the remaining participants pro rata based on their original relative contribution amounts. Such payment shall be made within forty -five (45) days of the termination date. 1 1 11 0 10. 11. 12. Communications The following persons shall be the contact person for all communications regarding the performance of this Agreement. King County Matt Kuharic King County Department of Natural Resources and Parks Director's Office 201 South Jackson, Suite 701, Seattle, 98104 Phone: 206 296 -8738 E -mail address: matt.kuharicgkingcounty.gov Indemnification City of Tukwila Brandon Miles Community Development Department WA 6200 Southcenter Boulevard Tukwila, WA 98188 Phone: 206-431-3684 Email address: Brandon.Milesna,TukwilaWA.gov To the extent permitted by state law, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other Parties to include the officers, employees, agents and contractors of the Party, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party's own negligent acts or omissions, torts and wrongful or illegal acts related to such Party's participation and obligations under this Agreement. Each Party agrees that its obligations under this subsection extend to any claim, demand and /or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. The provisions of this subsection shall survive and continue to be applicable to Parties exercising the right of termination pursuant to this Agreement. In no event do the Parties intend to assume any responsibility, risk or liability of any other Party or otherwise with regard to any Party's duties or regulations. Compliance with All Laws and Regulations The Parties shall comply with all applicable local, state, and federal laws, regulations and standards necessary for the performance of this Agreement. Non- exclusive Program Nothing herein shall preclude any Party from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action. No Third Partv Rights Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, or to form the basis for any liability on the part of any Party, or their officers, elected officials, agents and employees, to any third party. Page 5