Laserfiche WebLink
City of Tukwila My WebLink |HelpSearch Tips |About |Sign Out
will be subject to use charges; similarly, the System will charge other County funds for use of <br />System property. <br />VIII. LIABILITY <br />8.1 Non - Environmental Liability Arising Out -of- County Operations. Except as <br />provided in this Section, Sections 8.5 and 8.6, the County shall indemnify and hold harmless the <br />City and shall have the right and duty to defend the City through the County's attorneys against <br />any and all claims arising out of the County's operations during the term of this Agreement and <br />settle such claims, provided that all fees, costs, and expenses incurred by the County thereby are <br />System costs which may be satisfied from Disposal Rates as provided in Section VII herein. In <br />providing such defense of the City, the County shall exercise good faith in such defense or <br />settlement so as to protect the City's interest. For purposes of this Section "claims arising out of <br />the County's operations" shall mean claims arising out of the ownership, control, or maintenance <br />of the System, but shall not include claims arising out of the City's operation of motor vehicles in <br />connection with the System or other activities under the control of the City which may be <br />incidental to the County's operation. The provisions of this Section shall not apply to claims <br />arising out of the sole negligence or intentional acts of the City. The provisions of this Section <br />shall survive for claims brought within three (3) years past the term of this Agreement <br />established under Section III. <br />8.2 Cooperation. In the event the County acts to defend the City against a claim under <br />Section 8.1, the City shall cooperate with the County. <br />8.3 Officers, Agents, and Employees. For purposes of this Section VIII, references to <br />City or County shall be deemed to include the officers, employees and agents of either Party, <br />- 14 - <br />