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without objection or reservation shall not waive the right to claim damage for such
<br />breach nor constitute a waiver of the requirements of the timely performance of any
<br />obligation remaining to be performed by Vendor.
<br />3. Vendor agrees to protect and save harmless Kittitas County against all claims, suits, or
<br />proceedings for patent, trademark, copyright or franchise infringement arising from the
<br />purchase, installation, or use of goods and materials ordered, and to assume all
<br />expenses and damages arising from such claims, suits or proceedings.
<br />4. Vendor warrants and represents that all the goods and materials ordered herein are free
<br />and clear of all liens, claims or encumbrances of any kind.
<br />5. Vendor agrees to bear all risks of loss, injury, or destruction of goods and materials
<br />ordered herein which occur prior to delivery. Such loss, injury or destruction shall not
<br />release Vendor from any obligation hereunder.
<br />6. The successful bidder agrees to and shall defend, indemnify and hold harmless the
<br />County, its appointed and elective officers, agents and employees, from and against all
<br />loss or expense, including but not limited to judgments, settlements, attorney's fees and
<br />costs by reason of any and all claims and demands upon the County, its elected or
<br />appointed officials, agents, or employees for damages because of personal or bodily
<br />injury, including death at any time resulting therefrom, sustained by any person or
<br />persons and on account of damage to property including loss of use thereof, whether
<br />such injury to persons or damage to property is due to the negligence of the Vendor, its
<br />sub -contractors, its elected officers, employees or their agents, except only such injury
<br />or damage as shall have been occasioned by the sole negligence of the County, its
<br />appointed or elected officials, agents, or employees. It is further provided that no liability
<br />shall attach to the County by reason of entering into this contract, except as expressly
<br />provided herein.
<br />7. In the event of a breach by Vendor of any of the provisions of this contract, Kittitas
<br />County reserves the right to cancel and terminate this contract forthwith upon giving oral
<br />or written notice to Vendor. Vendor shall be liable for damages suffered by Kittitas
<br />County resulting from Vendor's breach of contract.
<br />8. The Vendor agrees not to discriminate against any client, employee, or applicant for
<br />employment or services because of race, creed, color, national origin, sex, sexual
<br />orientation, marital status, age or the presence of any sensory, mental or physical
<br />handicap with regard to, but not limited to, the following employment upgrading,
<br />demotion, or transfer, recruitment or recruitment advertising, lay-offs or termination,
<br />rates of pay or other forms of compensation, selection for training or rendition of
<br />services.
<br />9. The Vendor covenants and agrees that in the event suit is instituted by Kittitas County
<br />for any default on the part of the Vendor, and the Vendor is adjudged by a court of
<br />competent jurisdiction to be in default, the Vendor shall pay to Kittitas County all cost,
<br />expenses expended or incurred by Kittitas County in connection therewith, and
<br />reasonable attorney's fees. The Vendor agrees that the Superior Court of the State of
<br />Washington shall have jurisdiction over any such suit and that venue shall be laid in
<br />Kittitas County.
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