19-218 - King County - Interlocal Cooperation Agreement for Automatic Aid

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MARTIN LUTHER KING COUNTY INTERLOCAL AGREEMENT FOR AUTOMATIC AID To the extent permitted by aw, each party to this LA shaI potect, defend, indemnify, and hold harmless the other Parties, and their officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs, claims, demands, judgments, damages, orliability ofany kind including death orinjuries toparaunoordamnogestoproparty. which arise out of, or any way resultfrom, or due to any negligent acts or ornissions ofthe indemnifying party. Provided, however, that if such claims are caused by or result from the concurrent negligence of (a) the indemnifyirig party and (b) an indemnified party, their employees and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the indemnifying party, their employees and/or officers; and provided further, that nothing herein shall require a party to hold harmless or defend any other party or its employees and/or officers from any claims arising from such other party's sole negligence or that of its employees and/or officers. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATI'ON PROVIDED HEREIN CONSTITUTES EACH PARTYS WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY TO CARRY OUT THE PURPOSES OF THIS INDEMNIF!CATJON CLAUSE. THE PART!ES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Each Party shall bear its own costs for any loss, injury, or damage to eqthat is not caused by the neg!igenceufmoo(hevpadvtothksILA. No party shall be deemed 10 be the agent of any other party when performing under this ILA. 14. Insurance: Each Party shall maintain insurance, or a program of self-insurance, sufficient to be responsive to any Iiabilities that might arise under this !LA, and each Party shaU prod'uce certificates of insurance if and when required by the Administrative Board 15. Applicabie Law and Venue: This ILA shall be governed by and construed pursuant to the laws of the State of Washington. If any litigation is fiied between the Padies, or any of them, arising under this ILA, the Parties agree that venue shall be in King County Superior Court. 16. A!ternate Dispute Resolution: Should any dispute arise between the Parties hereto, mediation and arbitration shall be pursued prior to resorting to court litigation. Each party shall bear their own costs of any impartial mediator or arbitrator, but a single neutral person shall be chosen by the parties 10 the dispute. Martin Luther King County Interlocal Agreement for Automatic Aid 7