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that other party's negligent acts or omissions in performing under this <br />Agreement. No Party will be required to defend, indemnify or hold the other <br />Party harmless if the claim, suit or action for injuries, death or damages is caused <br />by the sole negligence of that Party. Where such claims, suits or actions result <br />from the concurrent negligence of the Parties, the indemnity provisions provided <br />herein shall be valid and enforceable only to the extent of each party's own <br />negligence. Each Party agrees that its obligations under this subparagraph <br />include, but are not limited to, any claim, demand, and/or cause of action brought <br />by, or on behalf of, any of its employees or agents. For this reason, each of the <br />Parties, by mutual negotiation, hereby waives, with respect to the other Party <br />only, any immunity that would otherwise be available against such claims under <br />the Industrial Insurance provisions of Title 51 RCW. <br />10. RECORDS RETENTION AND TRANSFERENCE <br />Seattle shall generally transfer records back to Tukwila after the expiration of the <br />30 day appeal period. Seattle may retain records up to one year from the date of <br />final disposition if requested in a specific case. <br />11. DURATION <br />This Agreement shall take effect upon execution of the Agreement by both <br />parties, and the appointment of the hearing examiner by the Mayor of Tukwila <br />and the approval of the Tukwila City Council. This Agreement shall remain in <br />effect through December 31, 2020 and shall be subject to renewal by mutual <br />agreement. <br />12. TERMINATION <br />Either party may terminate this Agreement by giving thirty (30) days written <br />notice of termination to the other party. <br />13. APPLICABLE LAW; VENUE; ATTORNEYS FEES <br />This Agreement shall be subject to, and the Parties shall at all times comply with, <br />all applicable federal, state and local laws, regulations, and rules, including the <br />provisions of the City of Tukwila Municipal Code and ordinances of the City of <br />Tukwila. In the event any suit, arbitration, or other proceeding is instituted to <br />enforce any term of this Agreement, the parties specifically understand and <br />agree that venue shall be properly laid in King County, Washington. The <br />prevailing party in any such action shall be entitled to its attorney's fees and <br />costs of suit. Venue for any action arising from or related to this Agreement shall <br />be exclusively in King County Superior Court. <br />14. SEVERABILITY AND SURVIVAL <br />C:\Users\VancilR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\H3G23VBH\Hearing Examiner <br />Interlocal 2019-2020.doc <br />Page 3 <br />