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RISK OF LOSS: <br />Vendor agrees to bear all risks of loss, injury, or destruction of goods and materials <br />ordered herein which occur prior to delivery. Such loss, injury or destruction shall not <br />release Vendor from any obligation hereunder. <br />COMPLIANCE WITH LAWS <br />The successful bidder shall comply with all applicable federal, state and local laws, rules <br />and regulations affecting its performance and hold the County harmless against any <br />claims arising from the violation thereof. <br />CONTRACT DISPUTES <br />Any contractual agreement shall be performed under the laws of the State of Washington. <br />Any litigation to enforce such agreement or any of its provisions shall be brought in Kittitas <br />County, Washington. <br />DEFAULT <br />The Vendor covenants and agrees that in the event suit is instituted by Kittitas County <br />for any default on the part of the Vendor, and the Vendor is adjudged by a court of <br />competent jurisdiction to be in default, the Vendor shall pay to Kittitas County all cost, <br />expenses expended or incurred by Kittitas County in connection therewith, and <br />reasonable attorney's fees. The Vendor agrees that the Superior Court of the State of <br />Washington shall have jurisdiction over any such suit and that venue shall be laid in <br />Kittitas County. <br />INDEMNIFICATION <br />The Vendor agrees to and shall defend, indemnify and hold harmless the County, its <br />appointed and elective officers, agents and employees, from and against all loss or <br />expense, including but not limited to judgments, settlements, attorney's fees and costs by <br />reason of any and all claims and demands upon the County, its elected or appointed <br />officials, agents, or employees for damages because of personal or bodily injury, <br />including death at any time resulting therefrom, sustained by any person or persons and <br />on account of damage to property including loss of use thereof, whether such injury to <br />persons or damage to property is due to the negligence or misconduct of the Vendor, its <br />sub -contractors, its elected officers, employees or their agents, while performing Vendor's <br />duties in connection with supplying and delivering the materials to the County, except only <br />such injury or damage as shall have been occasioned by the sole negligence of the <br />County, its appointed or elected officials, agents, or employees. <br />2019 Sealed Bid for Herbicide Application 3 <br />