22-106 - King County et al - Interlocal Agreement: Duwamish Basin Stewardship

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any way resulting from such Party's own negligent acts or omissions related to such Party's participation and obligations under this Agreement. Each Party to this Agreement 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 only, 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. In the event that any Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. The provisions of this Section shall survive and continue to be applicable to Parties exercising the right of termination pursuant to Section 8. 10. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk, or liability of any other Party to this Agreement or otherwise with regard to any Party's duties, responsibilities, or liabilities under the ESA, or any other act, statute, regulation, or ordinance of any local municipality or government, the State of Washington, or the United States. 11. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that no Party is committing to adopt or implement any actions or recommendations that may be contained in the WRIA 8 and 9 Plans or other plans that inform stewardship in the Duwamish Service Area. 12. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties 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, provided that any such decision or agreement shall not impose any funding, participation, or other obligation of any kind on any Party to this Agreement which is not a party to such decision or agreement. 13. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the WRIA 8 Salmon Recovery Council or WRIA 9 Watershed Ecosystem Forum, National Oceanic and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency or department of the United States, or, the State of Washington, or to form the Duwamish Basin Stewardship — ILA 2022-2027 Page 8