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2. These records shall be maintained for a period of six (6) years after termination of
<br />this designation unless permission to destroy them is granted by the office of the
<br />Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14.
<br />V. Indemnification and Insurance
<br />A. The Consortium assumes no responsibility for the payment of any compensation,
<br />wages , benefits , or taxes by or on behalf of the SCWDC any of its employees, or any
<br />other person or entity by reason of this designation, except as set forth herein regarding
<br />withdrawal of designation. The SCWDC shall protect, defend, indemnify, and save
<br />harmless the Counties of Yakima, Kittitas, Klickitat and Skamania and the CEO and any
<br />of their officers, agents, and employees from and against any and all claims, costs, or
<br />losses whatsoever occurring or resulting from: (1) The SCWDC's failure to pay any such
<br />compensation, wages, benefits, or taxes, or (2) the supplying to the SCWDC of work,
<br />services, materials, or supplies by any council employees or other suppliers in connection
<br />with or support of the performance under this designation, except as set forth herein
<br />regarding withdrawal of designation.
<br />B. The SCWDC is financially responsible for and, following an audit exception, shall
<br />repay the Consortium all amounts indicated therein that the Consortium is required to pay
<br />due to the negligence, intentional act, or failure, for any reason, of the SCWDC, its
<br />officers, employees, agents, or representatives to comply with the conditions of this
<br />Agreement, the WIOA or any rules or regulation promulgated there under. This duty to
<br />repay the Consortium shall not be diminished or extinguished by the expiration or prior
<br />termination of this Agreement.
<br />C. The SCWDC shall protect, defend, indemnify, and save harmless the Consortium, the
<br />Counties, and their respective officers, employees, and agents from any and all costs,
<br />claims, judgments, or awards of damages, arising out of, or in any way resulting from,
<br />any negligent acts or omissions of the SCWDC or any of its officers, employees, or
<br />agents under this designation, except as set forth herein regarding withdrawal of
<br />designation. The SCWDC's obligation under this subparagraph extend to any claim,
<br />demand, or cause of action brought by, or on be half of, any of its employees or agents.
<br />For this purpose , the SCWDC, after mutual negotiation with the Consortium will
<br />consider entering into a separate agreement that waives, as respects the Consortium and
<br />the Counties only, any immunity that would otherwise be available against such claims
<br />under the Industrial Insurance provisions of Title 51 RCW. In the event the Consortium
<br />or Counties incur any judgment, award, or cost, including attorneys' fees to enforce the
<br />provisions of this article, and all such fees, expenses, and costs shall be recoverable from
<br />the SCWDC.
<br />D. Claims shall include, but not be limited to , assertions that use of transfer of software,
<br />book, document, report, film, tape, or sound reproduction or material of any kind,
<br />delivered hereunder, constitutes an infringement of any copyright, patent, trademark,
<br />trade name, or otherwise results in unfair trade practice.
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