|
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 governmentalauthority;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
|