|
Section 10. Franchise Fee: $1,615.00
<br />Section 11. Capacity for COUNTY Use. NOT APPLICABLE
<br />Section 12. Notices. Any notices to be served upon the COUNTY or "FRANCHISEE", shall be
<br />delivered to the following addresses respectively:
<br />County of Kittitas
<br />Department of Public Works
<br />411 N. Ruby St. Suite #1
<br />Ellensburg, WA 98926
<br />Robert A. Gregerich
<br />4491 South Thorp Highway
<br />Ellensburg, WA 98926
<br />Section13. Claims for Damages. In the construction, installation, repair, operation, and maintenance of
<br />its structures and facilities, "FRANCHISEE", shall use reasonable and appropriate precautions to avoid
<br />damage to persons or property. "FRANCHISEE", shall indemnify and save harmless the COUNTY from
<br />all claims, actions or damages of every kind or description, including reasonable attorney's and expert
<br />witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the
<br />extent caused in part or in whole by any negligent act or omission of "FRANCHISEE", its officers, agents,
<br />servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to
<br />"FRANCHISEE", by this franchise. In the event any claim or demand is presented to or filed with the
<br />COUNTY which gives rise to "FRANCHISEE", obligation pursuant to this section, the COUNTY shall
<br />within a reasonable time notify "FRANCHISEE", thereof and "FRANCHISEE", shall have a right, at its
<br />election, to settle or compromise such claim or demand. In the event any claim or action is commenced
<br />in which the COUNTY is named a party, and which suit or action is based on a claim or demand which
<br />gives rise to "FRANCHISEE", obligation pursuant to this section, the COUNTY shall promptly notify
<br />"FRANCHISEE", thereof, and "FRANCHISEE", shall, at its sole cost and expense, defend such suit or
<br />action by attorneys of its own election. In defense of such suit or action, "FRANCHISEE", may, at its
<br />election and at its sole cost and expense, settle or compromise such suit or action. This section shall not
<br />be construed to require "FRANCHISEE", to: (i) protect and save the COUNTY harmless from any claims,
<br />actions, or damages; (ii) settle or compromise any claim, demand, suit, or action; (iii) appear in or defend
<br />any suit or action; or, (iv) pay any judgment or reimburse the COUNTY's costs and expenses (including
<br />reasonable attorney's fees), to the extent such claim arises out of the sole negligence of the COUNTY.
<br />To the extent of any concurrent negligence between "FRANCHISEE", and the COUNTY,
<br />"FRANCHISEE", obligations under this paragraph shall only extend to its share of negligence or fault.
<br />The COUNTY shall have the right at all times to participate through its own attorney in any suit or action
<br />which arises out of any right, privilege, and authority granted by or exercised pursuant to this franchise
<br />when the COUNTY determines that such participation is required to protect the interests of the COUNTY
<br />or the public. Such participation by the COUNTY shall be at the COUNTY's sole cost and expense.
<br />Section 14. Severability. If any section, sentence, clause or phrase of this Franchise is held to be
<br />invalid or unconstitutional by a court of competent jurisdiction, the COUNTY may, at its sole option,
<br />deem the entire franchise to be affected and thereby nullified. However, in the event that a
<br />determination is made that a section, sentence, clause, or phrase in this Franchise is invalid or
<br />unconstitutional, the COUNTY may elect to treat the portion declared invalid or unconstitutional as
<br />severable and enforce the remaining provisions of this Franchise; provided that, if the COUNTY elects to
<br />enforce the remaining provisions of the Franchise, "FRANCHISEE", shall have the option to terminate
<br />the franchise.
<br />Section 15. Indemnification. "FRANCHISEE", its successors and assigns, agrees and covenants to
<br />indemnify and hold harmless the County of Kittitas from and against any and all liability, loss, cost,
<br />damages, whether to persons or property, or expense of any type or nature, including reasonable
<br />attorney's fees and expert witness fees, to the extent it arises from any negligent act or omission or
<br />willful misconduct of "FRANCHISEE", its successors and assigns arising from or connected to
<br />"FRANCHISEE", work under this franchise, provided however, that in case any suit or action is instituted
<br />FRANCHISE PAGE 4 OF 5
<br />
|