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is brought against the County, the City shall defend the same at its sole cost <br />and expense; provided that the County reserves the right to participate in <br />said suit if any principle of governmental or public law is involved; and if <br />final judgment be rendered against the County, and its officers, agents, and <br />employees, or any of them, or jointly against the County and the City and <br />their respective officers, agents, and employees, or any of them, the City <br />shall satisfy the same. <br />c. Liability Related to City Ordinances, Policies, Rules and Regulations. In <br />executing this Agreement, the County does not assume liability or <br />responsibility for or in any way release the City from any liability or <br />responsibility that arises in whole or in part as a result of the application of <br />City ordinances, policies, rules or regulations that are either in place at the <br />time this Agreement takes effect or differ from those of the County; or that <br />arise in whole or in part based upon any failure of the City to comply with <br />applicable adoption requirements or procedures. If any cause, claim, suit, <br />action or administrative proceeding is commenced in which the <br />enforceability and/or validity of any such City ordinance, policy, rule or <br />regulation is at issue, the City shall defend the same at its sole expense and, <br />if judgment is entered or damages are awarded against the City, the County, <br />or both, the City shall satisfy the same, including all chargeable costs and <br />reasonable attorney's fees. <br />d. Waiver Under Washington Industrial Insurance Act..The foregoing <br />indemnity is specifically intended to constitute a waiver of each party's <br />immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, <br />as respects the other party only, and only to the extent necessary to provide <br />the indemnified party with a full and complete indemnity of claims made <br />by the indemnitor's employees. The parties acknowledge that these <br />provisions were specifically negotiated and agreed upon by them. <br />11. Dispute Resolution. Whenever any dispute arising among any of the Parties to <br />this Agreement is not resolved by routine meetings or communications, the <br />disputing Parties agree to seek resolution of such dispute in good faith by meeting, <br />as soon as feasible. The meeting shall include the Chief Executive Officer (or <br />his/her designee) of each party involved in the dispute and the Manager of the <br />Regional Animal Services Program. If the parties do not come to an agreement on <br />the dispute, any party may pursue mediation through a process to be mutually <br />agreed to in good faith by the parties within 30 days, which may include binding or <br />nonbinding decisions or recommendations. The mediator(s) shall be individuals <br />skilled in the legal and business aspects of the subject matter of this Agreement. <br />Document Dated 6-28-17 10 <br />