|
examine, audit and copy, with or without notice) all of Contractor's books, documents,
<br />papers and records related to the Services or this Agreement.
<br />f. Contractor understands and acknowledges that Contractor is solely responsible for its own
<br />reporting and accounting of all state, federal, social security, and local taxes, of every nature,
<br />arising from Contractor's performance of this Agreement. All compensation received by the
<br />Contractor will be reported to the Internal Revenue Service at the end of the calendar year in
<br />accord with the applicable IRS regulations.
<br />Section 4. Release Indemnity, and Hold Harmless.
<br />The County assumes no liability for the Contractor's actions under this Agreement. Contractor
<br />releases and shall defend, indemnify, and hold harmless the County, its officers and employees,
<br />agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities,
<br />damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or
<br />may arise or be alleged to arise out of or by reason of this Agreement including:
<br />• Any fault, negligence, strict liability or product liability of Contractor in connection with the
<br />Services for this Agreement;
<br />• Any lien asserted upon any property of the County in connection with the Services for this
<br />Agreement;
<br />Any failure of Contractor, or of the Services, to comply with any applicable law, ordinance,
<br />rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of
<br />any governmental authority; or
<br />■ Any breach of or default under this Agreement by Contractor.
<br />Section 5. Compliance with Public Records Law.
<br />a. In compliance with Washington's public records law, the County will retain copies of any
<br />documents associated with this Agreement, which may be required by law unless legally
<br />exempt from such retention, for any applicable legally required retention period.
<br />b. In the event a public records request is made to the County for documents created in
<br />relation to this Agreement, should legal uncertainty arise regarding the disclosability of any
<br />documents under federal or state public records laws, the County shall provide notice to
<br />Contractor pursuant to Washington's public records act, chapter 42.56 RCW, to allow
<br />Contractor to seek a court injunction.
<br />c. The County specifically shall not be liable to Contractor for the County's release under public
<br />records laws of any documents not protected by trademark, copyright or other law.
<br />Section 6. Industrial Insurance Waiver.
<br />With respect to performance of this Agreement and as to any claims against the County, its Additional
<br />Insureds, officers, agents and employees, the Contractor expressly waives its immunity under Title 51
<br />LT -LS -CP 2019-001 County Lodging Tax Funding Agreement Page 3
<br />
|