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part by a negligent act or omission of its officers, directors, and employees. It is further provided that no liability shall attach to either party by reason of entering into this contract except as expressly provided herein. KITTCOM is offering the services specified on a best effort basis, and shall be held harmless for any loss of data or damages to county's equipment due to circumstances beyond the control of KITTCOM, such as, but not limited to, power loss, power surges, lightening, smoke, fire; or problems encountered during any confidence testing of KITTCOM's backup power systems. ARTICLE VIII PERFORMANCE OF AGREEMENT 8.01 Compliance with All Laws. Each party shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation all those pertaining to wages and hours, confidentiality, disabilities and discrimination. 8.02 Maintenance and Audit of Records. Each party shall maintain books, records, documents and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by either party or its designee, and the Washington State Auditor's Office. Each party shall retain all such books, records, documents and other materials for the applicable retention period under federal and Washington law. 8.03 On-Site Inspections. Either party or its designee may evaluate the performance of this Agreement through on-site inspection to determine whether performance is in compliance with the standards set forth in this Agreement, and in compliance with federal, state and local laws, rules, regulations and ordinances. Furthermore, any county employee or representative who will be allowed unsupervised access to the equipment room shall have completed the required FBI/CJIS Technical Security training and associated finger printing and background check. 8.04 Improper Influence. Each party agrees, warrants and represents that it did not and will not employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining or extending this Agreement. Each party agrees, warrants and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining or extending this Agreement. 8.05 Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. Page 3