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12-20-2016 Res-2016-171
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2016-12-20 10:00 AM - Commissioners' Agenda
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12-20-2016 Res-2016-171
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Last modified
6/14/2018 8:41:21 AM
Creation date
6/13/2018 11:08:34 AM
Metadata
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Meeting
Date
12/20/2016
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
i
Item
Request to Approve a Resolution Authorizing a Lease Agreement between Kittitas County and the Kittitas County Community Network
Order
9
Placement
Consent Agenda
Row ID
33758
Type
Contract
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KITTITAS COUNTY <br />14. HOLD HARMLESS. <br />a. Lessee hereby agrees to defend, indemnify and hold harmless the County (Lessor), its <br />elective and appointed officers and employees, from and against any and all claims or <br />demands whatsoever arising out of any loss, damage, or injury to persons or property <br />resulting from the Lessee's use or occupancy of the Premises, Leased Area and <br />Common Areas. It is further expressly provided that no liability shall attach to the <br />County by reason of entering into this Lease, except as expressly provided herein. <br />b. This hold harmless and indemnification provision shall extend to any and all claims <br />arising from Lessee's use of the Premises and Leased and Common Areas or from <br />the conduct of its business or from any activity, work or things which may be <br />permitted or suffered by Lessee in or about the Premises. This hold harmless and <br />indemnification provision shall further apply to any and all claims ariSing from any <br />breach or default or performance of any obligation on Lessee's part to be performed <br />under the provisions of this Lease arising from any negligence by Lessee or any of <br />its officers, agents, contractors, employees or invitees, and from any and all costs, <br />attorney's fees, expenses and liabilities incurred in the defense of any such claim or <br />any action or proceeding brought thereon. <br />c. Lessee hereby assumes all risk of damage to the property or injury to persons in or <br />about the Premises from any cause and Lessee hereby waives all claims in respect <br />thereof against Lessor except for when the said damage or injury arises out of the <br />sole negligence of Lessor. <br />d. Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business <br />or any loss of income therefrom or for damage to the goods, wares, merchandise or <br />other property of Lessee, Lessee's officers, agents, employees, invitees, customers <br />or any other person in or about the Premises; nor, unless through its own <br />negligence, shall Lessor be liable for injury to the person of Lessee, Lessee's <br />employees, agents, customers or other invitees, whether such damage or injury is <br />caused by or results from fire, steam, electricity, gas, water or rain or from the <br />breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, <br />appliances, plumbing, or from any other cause, whether said damage or injury <br />results from conditions arising upon the Premises or upon other portions of the real <br />Property of which the Premises are a part or from other sources or places, and <br />regardless of whether the cause of such damage or injury or the means of repairing <br />the same is inaccessible to Lessor or Lessee. <br />e. Lessor shall not be liable for any damages arising from any act or negligence of any <br />other Tenant, if any, of the Property of which the Premises are a part. <br />15. NOTICES. Any notice or demand given by one party to the other in connection with this <br />agreement shall be in writing and shall be sent postage prepaid by United States certified <br />or registered mail, return receipt requested, to the addresses herein below stated, or to <br />such other place as may from time to time be otherwise designated, as follows: <br />PAGE 7
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