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AH -2018 -002 -Habitat for Humanity
<br />will include all subcontractors as insurers under its policies or will furnish separate
<br />certificates and endorsements for each subcontractor. All coverage for
<br />subcontractors will be subject to all of the requirements stated in these provisions.
<br />ARTICLE VII —INDEMNIFICATION
<br />Section 7.1 Indemnification.. To the fullest extent permitted by law, the Recipient shall
<br />indemnify, defend and hold harmless the County, the Committee and the BOCC, and all
<br />County officials, officers, employees, agents and each of them, from and against all claims in
<br />any way resulting from or arising out of the performance of this Agreement, whether such
<br />claims arise from the actual or alleged acts, errors or omissions of the Recipient, its
<br />subcontractors, third parties, the County, the Committee or the BOCC, or anyone directly or
<br />indirectly employed or supervised by any of them or anyone for whose acts, errors or
<br />omissions any of them may be liable. "Claim" means any loss, claim, suit, action, liability,
<br />damage or expense of any kind or nature whatsoever, including but not limited to attorneys'
<br />fees and costs, attributable to personal or bodily injury, sickness, disease or death, or to injury
<br />to or destruction of property, including the loss of use resulting therefrom.
<br />Section 7.2 Recipient's Duty to Indemnify. The Recipient's duty to indemnify, defend and
<br />hold harmless includes but is not limited to claims by the Recipient's or any subcontractor's
<br />officers, employees or agents. The Recipient's duty, however, does not extend to claims
<br />arising from the sole negligence or willful misconduct of Kittitas County, the Committee or
<br />the BOCC, or of the officials, officers, employees, agents or representatives of Kittitas
<br />County, the Committee or the BOCC.
<br />Section 7.3 Waiver of RCW Title .51 Immunity. Solely for purposes of this
<br />indemnification provision, the Recipient expressly waives its immunity under Title 51 RCW
<br />and acknowledges that this waiver was mutually negotiated by the parties. The Recipient's
<br />duty to indemnify, defend and hold harmless shall survive termination of this Agreement.
<br />ARTICLE VIII—NONDISCRIMINATION AND LEGAL COMPLIANCE
<br />Section 8.1 Nondiscrimination. The Recipient shall not discriminate against any employee
<br />or applicant for employment, or program participant or program participant applicant, on
<br />account of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or
<br />disabled veterans status, the presence of any sensory, mental or physical handicap, or any
<br />other basis prohibited by law with respect to any program participation, employment
<br />upgrading, demotion, transfer, recruitment or selection for training, including apprenticeships
<br />and volunteers. This prohibition does not apply, however, to a religious corporation,
<br />association, educational institution or society with respect to the employment of individuals
<br />of a particular religion to perform work connected with the carrying on by such corporation,
<br />association, educational institution or society of its activities.
<br />Section 8.2 Compliance with Laws. The Recipient and its officials, officers, employees,
<br />Affordable Housing Grant Agreement Page 6 of 9
<br />Revised 11/2017
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