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3. AMENDMENTS/MODIFICATION
<br /> Provisions within this Agreement may be amended with the mutual consent of the parties
<br /> hereto. No additions to, or alterations of,the terms of this Agreement shall be valid unless
<br /> made in writing, formally approved and executed in the same manner as this Agreement.
<br /> 4. INDEMNIFICATION AND LIABILITY
<br /> A. Indemnification:
<br /> 1. ANACORTES will at all times indemnify and hold harmless and defend
<br /> MARYSVILLE,their elected officials, officers, employees, agents and
<br /> representatives, from and against any and all lawsuits, damages, costs,
<br /> charges, expenses,judgments and liabilities, including attorney's fees
<br /> (including attorney's fees in establishing indemnification), collectively
<br /> referred to herein as "losses" resulting from, arising out of, or related to one
<br /> or more claims arising out of negligent acts, errors, or omissions of
<br /> ANACORTES in performance under this agreement.
<br /> 2. MARYSVILLE will at all times indemnify and hold harmless and defend
<br /> ANACORTES,their elected officials, officers, employees, agents and
<br /> representatives, from and against any and all lawsuits, damages, costs,
<br /> charges, expenses,judgments and liabilities, including attorney's fees
<br /> (including attorney's fees in establishing indemnification),collectively
<br /> referred to herein as "losses"resulting from, arising out of, or related to one
<br /> or more claims arising out of negligent acts, errors, or omissions of
<br /> MARYSVILLE in performance under this agreement.
<br /> 3. The term "claims" as used herein shall mean all claims, lawsuits, causes of action,
<br /> and other legal actions and proceedings of whatsoever nature, involving
<br /> bodily or personal injury or death of any person or damage to any property
<br /> including, but not limited to, persons employed by MARYSVILLE,
<br /> ANACORTES, or other person and all property owned or claimed by
<br /> MARYSVILLE, ANACORTES, or affiliate of thereof, or any other person;
<br /> except for those losses or claims for damages solely caused by the negligence
<br /> or willful misconduct of MARYSVILLE or ANACORTES, their elected and
<br /> appointed officials, officers, employees or agents.
<br /> B.NOTHING HEREIN SHALL REQUIRE OR BE INTERPRETED TO:
<br /> 1. Waive any defense arising out of RCW Title 51
<br /> 2. Limit or restrict the ability of any City or employee or legal counsel for any City or
<br /> employee to exercise any right, defense or remedy which a party to a lawsuit
<br /> may have with respect to claims or third parties, including,but not limited to,
<br /> any good faith attempts to seek dismissal or legal claims against a party by
<br /> any proper means allowed under the civil rules in either state or federal court.
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