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attorney's fees incurred in that action, arbitration or proceeding .
<br />ARTICLE IX
<br />INDEMNIFICATION
<br />Each Party shall defend, indemnify and hold harmless the other, as well as its officers, agents and
<br />employees, from and against any and all claims, demands , losses and liabilities to or by third parties
<br />arising from, resulting from, or connected with, services performed or to be performed under this
<br />Agreement to the fullest extent permitted by law, whether arising from Agreement liability(ies) or
<br />otherwise.
<br />This duty to indemnify shall not apply to liability from damages arising out of bodily injury to
<br />persons or damages to the property caused by, or resulting from, the sole negligence of the County,
<br />the City, or their respective officers, agents and employees .
<br />This duty to indemnify for liability for damages arising out of bodily injury to persons or damages to
<br />property caused by or resulting from the concurrent negligence of the County's, and the City's agents
<br />or employees shall apply only to the extent of negligence of the County's, and the City's agents,
<br />employees, subcontractors and suppliers.
<br />Both Parties specifically and expressly waive any immunity that may be granted under the
<br />Washington State Industrial Act, Title 51 RCW. Further, the indemnification obligation under this
<br />Agreement shall not be limited in any way by any limitation on the amount or type of damages,
<br />compensation, benefits payable to or by any third party under Worker's Compensation Acts,
<br />Disability Benefits Acts, or other employee benefit acts .
<br />This duty to defend, indemnify, and hold harmless shall include all related costs, reasonable attorney
<br />fees, court costs and related expenses asserted against or incurred by the County, the City, or their
<br />respective officers, agents and employees.
<br />The Parties hereby certify that these indemnification provisions were mutually negotiated and agreed
<br />to by the Parties.
<br />ARTICLEX
<br />PERFORMANCE OF AGREEMENT
<br />10.1 COMPLIANCE WITH ALL LAWS: Each Party shall comply with all federal, state, and
<br />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 />10.2 MAINTANCNE AND AUDIT OF RECORDS: Each Party shall maintain books, records,
<br />documents and other materials relevant to its performance under this Agreement. These
<br />records shall be subjected to inspection, review and audit by either Party or its designee, and
<br />the Washington State Auditor's Office. Each Party shall retain all such books, records,
<br />documents and other materials for the applicable retention period under federal and
<br />Washington law.
<br />City of Cle Elum and Kittitas County
<br />Interlocal Agreement for Certified Acceptance Services Pagel4
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