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/ HOLD HARMLESS AGREEMENT TinS AGREEMENT, made and entered into this 6th day of May 1996, by and between the City of Moscow, a municipal corporation of the State ofldaho (hereinafter "Moscow"), and the Town of Uniontown, a town of the State ofWashington (hereinafter "Uniontown"). WITNESS ETH: WHEREAS, David R Lehrnitz (hereinafter "Lehmitz") is currently employed as a full-time police officer by Moscow; and WHEREAS, Uniontown has agreed to employ Lehrnitz as a part-time police officer for Uniontown when Lehrnitz is not working for Moscow; and WHEREAS, Lehrnitz has agreed to perform the duties of a part-time police officer for Uniontown when Lehmitz is not working for Moscow; and · WHEREAS, Moscow and Uniontown do not want the fact that Lehrnitz works for both municipalities, at different times, to present the potential for claims against one arising out of Lehmitz's employment by the other, NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows: 1. Both parties agree that there shall be no overlap of authority or jurisdiction in Lehrnitz's respective employments; Lehrnitz's conduct while on duty as a Moscow police officer shall be solely on behalf of Moscow, and Lehmitz's conduct while on duty as a part-time Uniontown police officer shall be solely on behalf of the Town of Uniontown. Any conduct by Lehrnitz as an off-duty police officer shall be treated according to the Jaws of the state in which such conduct occurs. 2. Uniontown agrees to defend and indemnify Moscow for any claim for damages of whatever nature, and from any person or entity asserting such claim(s), arising from David R. Lehmitz's actions while employed as a police officer for Uniontown. 3. Moscow agrees to defend and indemnifY Uniontown for any claim for damages of whatever nature, and from any person or entity asserting such claim(s), arising from David R Lehrnitz's actions while employed as a police officer for Moscow. 4. Both parties agree to release the other party from any and all claims, whatever the nature, that either party may have against the other, which arise out of Lehmitz's employment as a police officer by either party. Page 1 99-33 ---PAGE BREAK--- S. This Hold Harmless Agreement constitutes the entire agreement between the parties regarding the terms hereof and supersedes any and all other agreements relating to the subject matter of this Hold Harmless Agreement, oral or written, among any or all of the parties. No amendment, waiver or forbearance of any provision of this Hold Harmless Agreement shall be effective unless the same shall be in a writing signed by the parties. Any such waiver or forbearance shall only be effective for the specific purpose and in the specific instance given and not for other or subsequent purposes or instances and no forbearance or waiver shall affect the parties' right to refuse further forbearances or waivers. DATED this¦ day of _ 1996. CITY OF MOSCOW By. Paul C. Agidius, Mayor ATTEST: lao£e¥Ae Elaine Russell, City Clerk TOWN OF UNIONTOWN By tao(! \ ATTEST: Form and content approved by Gary J. Riedner as Page2 ---PAGE BREAK--- Form and content approved by John R. Nelson Uniontown, Washington. as attorney for the Town of STATE OF IDAHO ) ) ss County of Latah ) ACKNOWLEDGMENT On this L day of , 1996, before me a Notary Public of the State of Idaho, personally appeared Paul C. gtdtus and Elame Russell, Mayor and Ctty Clerk of the City of Moscow, known to me to be the persons described in the above document and acknowledged to me that they executed the same. STATE OF WASHINGTON County of ) ) §s ) ACKNOWLEDGMENT On this _i!!::day of 7i£ 1996, before me a Notary Public of the State of sh!ngton, _ Hoti--.R. and , O.Jt?Y,¨)d . of the Town of 'ii'ilimtown, known to me to be the · p<