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omissions of Tukwila, its officers, agents and employees in performing its <br />obligations pursuant to this Agreement, and/or (ii) arising from those <br />occurrences related to the Property that occurred prior to formation of the <br />TPMPD. In the event that any suit based upon such a claim, action, loss or <br />damage is brought against the TPMPD or the TPMPD and Tukwila, Tukwila <br />shall defend the same at its sole cost and expense and, if final judgment be <br />rendered against the TPMPD and its officers, agents and employees or jointly <br />against the TPMPD and Tukwila and their respective officers, agents and <br />employees, Tukwila shall satisfy the same. <br />4.2 The TPMPD shall indemnify and hold harmless Tukwila and its elected <br />officials, officers, agents and employees, or any of them, from and against any <br />and all claims, actions, suits, liability, loss, costs, expenses and damages of any <br />nature whatsoever, (i) which are caused by or result from a negligent act or <br />omission of the TPMPD, its officers, agents and employees in performing <br />obligations pursuant to this Agreement, and/or (ii) arising from those <br />occurrences related to the Property that occurred on or after the formation of <br />the TPMPD. In the event that any suit based upon such a claim, action, loss or <br />damage is brought against Tukwila or Tukwila and the TPMPD, the TPMPD <br />shall defend the same at its sole cost and expense and, if final judgment be <br />rendered against Tukwila and its officers, agents and employees or jointly <br />against Tukwila and the TPMPD and their respective officers, agents and <br />employees, the TPMPD shall satisfy the same. <br />4.3 Each Party to this Agreement shall immediately notify the other of any and all <br />claims, actions, losses or damages that are or are brought against that Party <br />relating to or pertaining to the Property. <br />4.4 Each party agrees that its obligations under this paragraph extend to any claim, <br />demand, and/or cause of action brought by or on behalf of any employees, or <br />agents. For this purpose, each party, by mutual negotiation, hereby waives, <br />with respect to the other party only, any immunity that would otherwise be <br />available against such claims under the Industrial Insurance provisions of Title <br />51 RCW, but only to the extent necessary to indemnify the other party. <br />5. Waiver and Amendments. Waiver of any breach of any term or condition of this <br />Agreement shall not be deemed a waiver of any prior or subsequent breach. No term <br />or condition shall be waived, modified or deleted except by an instrument, in <br />writing, signed by the parties hereto. <br />6. Entire Agreement and Modifications. This Intergovernmental Agreement and <br />its Exhibits sets forth the entire agreement between the parties with respect to the <br />subject matter hereof. It may be supplemented by addenda or amendments, <br />Page -4 <br />