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C. To the extent an Agency employee individually pursues a third party action and the third <br />party or any other party joins the City as a party to that action: <br />1. The City shall be immune from subrogation claims pursuant to the exclusive remedy <br />provisions of Ohio's Worker's Compensation Act and /or Agency's state Worker's Compensation Act; <br />2. The Agency agrees to be responsible to the extent legally liable, for loss from any and all <br />claim or claims made by that Agency's employee, for any alleged active or passive negligence or <br />condition, caused or created in whole or in part by the City of Cleveland. <br />D. The City shall refer disciplinary matters involving Agency employees to the employing <br />Agency for an investigation that may be jointly conducted by the CDP and the Agency unless, based <br />on the judgment of the City, that a particular matter represents probable cause for the issuance of a <br />criminal complaint, in which case the matter shall be referred directly to an external law enforcement <br />Agency for investigation with appropriate notice to the Agency. <br />XXII. GOVERNING LAW; COMPLIANCE WITH LAWS <br />A. Each and every term, condition, or covenant herein is subject to and shall be construed in <br />accordance with Ohio law and applicable federal law. Any action arising from this Agreement shall be <br />brought and maintained in a state or federal court in Cuyahoga County, Ohio, which shall have <br />exclusive jurisdiction of such action. No legal or equitable rights of the parties shall be limited by this <br />Section. <br />B. Both the City of Cleveland and the Agency agree to comply with applicable federal, Ohio, <br />and City of Cleveland laws or ordinances. <br />A. The captions and headings set forth in this Agreement are for convenience of reference <br />only, and shall not be construed as defining or limiting the terms and provisions in this Agreement. <br />B. If any part, term, or provision of this Agreement is held by the courts to be illegal or in <br />conflict with any law of the State of Ohio or the Charter of the City of Cleveland, the validity of the <br />remaining portions or provisions shall not be affected, and the rights and obligation of the Agency <br />shall be construed and enforced as if the Agreement did not contain the particular part, term or <br />provision. <br />C. This Agreement may be executed in two counterparts, each of which shall be deemed to <br />be an original of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date <br />specified. <br />CITY OF CLEVELAND <br />ASSISTING AGENCY: <br />Print Name of Agency <br />Michael McGrath, Director Mayor or County Executive — [signature] <br />Page 12 of 13 <br />