The District shall not be required to accept ownership or responsibility for any Project
developed, implemented or constructed by a Municipality or an Infrastructure Program
Project Developer with SCW Program funds. Unless the District enters into an express
agreement with an Infrastructure Program Project Developer or Municipality to the
contrary, neither the District, nor the County to the extent that it is acting on
behalf of the District, their officers, employees, agents or volunteers ("District
Indemnitees") shall be liable in connection with errors, defects, injuries, or property
damage caused by or attributed to any Project that is funded in whole or in part with
SCW Program funds, and each Municipality and Infrastructure Program Project Developer
shall indemnify the District Indemnitees and hold them harmless for claims, liability,
and expenses, including attorneys' fees, incurred by any District Indemnitees as a
result of any Project developed, implemented, or constructed by the Municipality or
Infrastructure Program Project Developer that is funded, in whole or in part, with
the SCW Program funds, except for claims, liability, and expenses, resulting from
the sole negligence or willful misconduct of District Indemnitees.
(Ord. 2018-0044 § 1, 2018.)
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