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KITTITAS COUNTY BID PROPOSAL <br />COMPLIANCE WITH LAWS: <br />The successful bidder shall comply with all applicable federal, state and local laws, rules and <br />regulations affecting its performance and hold the County harmless against any claims arising from <br />the violation thereof. <br />CONTRACT DISPUTES: <br />Any contractual agreement shall be performed under the laws of the State of Washington. Any <br />litigation to enforce such agreement or any of its provisions shall be brought in Kittitas County, <br />Washington. <br />DEFAULT: <br />The Vendor covenants and agrees that in the event suit is instituted by Kittitas County for any <br />default on the part of the Vendor, and the Vendor is adjudged by a court of competent <br />jurisdiction to be in default, the Vendor shall pay to Kittitas County all cost, expenses expended <br />or incurred by Kittitas County in connection therewith, and reasonable attorney's fees. The <br />Vendor agrees that the Superior Court of the State of Washington shall have jurisdiction over <br />any such suit and that venue shall be laid in Kittitas County. <br />INDEMNIFICATION: <br />The Vendor agrees to and shall defend, indemnify and hold harmless the County, its appointed <br />and elective officers, agents and employees, from and against all loss or expense, including but not <br />limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and <br />demands upon the County, its elected or appointed officials, agents, or employees for damages <br />because of personal or bodily injury, including death at any time resulting therefrom, sustained by <br />any person or persons and on account of damage to property including loss of use thereof, <br />whether such injury to persons or damage to property is due to the negligence or misconduct of the <br />Vendor, its sub -contractors, its elected officers, employees or their agents, while performing <br />Vendor's duties in connection with supplying and delivering the materials to the County, except <br />only such injury or damage as shall have been occasioned by the sole negligence of the County, <br />its appointed or elected officials, agents, or employees. <br />TERMINATION: <br />In the event of a breach by Vendor, Kittitas County reserves the right to cancel and terminate this <br />purchase agreement forthwith upon giving oral or written notice to Vendor. <br />NONDISCRIMINATION: <br />The Vendor agrees not to discriminate against any client, employee, or applicant for employment <br />or services because of race, creed, color, national origin, sex, sexual orientation, marital status, <br />age or the presence of any sensory, mental or physical handicap with regard to, but not limited to, <br />the following employment upgrading, demotion, or transfer, recruitment or recruitment advertising, <br />lay-offs or termination, rates of pay or other forms of compensation, selection for training or <br />rendition of services. <br />Asphalt Material Bid 2016 Page 4 of 12 <br />