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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 />of the Revised Code of Washington,the Industrial Insurance Act,for injuries to Contractor's employees <br />and agrees that the obligations to indemnify,defend and hold harmless provided in this Agreement <br />extend to any claim brought by or on behalf of any employee of the Contractor.This waiver is <br />mutually negotiated by the parties to this Agreement. <br />Section 7.Insurance and Endorsements. <br />a.The County may require through a request in writing that the Contractor provide the County <br />with a certificate,binder,or policy of liability insurance,acceptable to the County in an <br />amount specified by the County. <br />b.Such liability insurance shall be such as will protect Contractor,its employees,agents and <br />representatives,from all claims,losses,harm,costs,liabilities,damages and expenses <br />arising out of personal injury (including death)or property damage that may result from <br />performance of the Services or this Agreement,whether such performance is by Contractor <br />or any of its employees,agents or representatives. <br />c.Should the County require such liability insurance,the Contractor agrees to provide proof of <br />insurance prior to commencing performance of this Agreement. <br />d.Copies of the County's written request and the insurance documents provided by Contractor <br />shall be attached to this Agreement and by this reference will be made part hereof. <br />e.Where insurance is requested by the County,all liability insurance policies shall be endorsed <br />to include the County as an Additional Insured and shall stipulate that the insurance <br />afforded by the policies shall be primary insurance,and that any insurance,self-insured <br />retention,deductibles,or risk retention trusts maintained or participated in by the Parties <br />shall be excess and not contributory to any other insurance maintained by the County. <br />Contractor shall furnish the County a certificate of insurance with Endorsement as evidence <br />that the required policies are in full force and effect. <br />Section 8.Termination. <br />The County may,by written notice thereof to Contractor,terminate this Agreement as to all or any <br />portion of the Services not yet performed,whether or not Contractor is in breach or default.Upon <br />receiving such notice of termination,Contractor shall,except as otherwise directed by the County, <br />County Lodging Tax Funding Agreement Page 4