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