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7.5 County to Fumish Water.The County agrees to furnish to Licensee for use on the
<br />fairgrounds reasonable quantities or potable water for domestic purposes only.All other utilities
<br />and services required or convenient to Licensee for the operation of its amusement rides,
<br />concessions,and equipment will be arranged for,obtained and furnished by at the expense of
<br />Licensee.
<br />7.6 I Iold Harmless Agreement.Licensee shall protect,save harmless,indemnify,and defend at
<br />its own expense,Kittitas County,its elected and appointed officials,officers,employees,agents,
<br />and volunteers from any loss or claim for damages of any nature whatsoever,arising out of the
<br />performance of this agreement,including claims by Licensee's employees or third parties,except
<br />for those damages solely caused by the negligence or willful misconduct of Kittitas County,its
<br />elected and appointed officials,officers,employees,agents,or volunteers.Neither Kittitas
<br />County,nor it's elected and appointed officials,officers,employees,agents,or volunteers shall
<br />be liable for any damage or injury to the Licensee,its sub-Licensees or sub-contractors,or its or
<br />their employees,or its or their properties occurring through,or caused by a defect to the premises
<br />used or property licensed pursuant to this agreement.Licensee shall assume the entire risk by
<br />loss of or damage to its property or property of its sub-Licensees or sub-contractors used in
<br />connection with this agreement.Property shall include but not be limited to the amusement
<br />rides,side shows,novelty and game concessions,and food concession booths together with all of
<br />their fixtures,supplies,and inventory of merchandise for sale,owned or leased by or consigned
<br />to the Licensee or his sub-Licensees or sub-contractors.
<br />7.7 Insurance.
<br />(a)Licensee shall obtain,and maintain continuously for the term of this
<br />agreement,occurrence form Commercial General Liability Insurance with endorsements and/or
<br />other insurance to indemnify for the activities and services of this contract,with a carrier subject
<br />to the approval of the County.Minimum limit of coverage shall be SIX MILLION DOLLARS
<br />($6,000,000.00)combined single limit,each occurrence and TWELVE MILLION DOLLARS
<br />($12,000,000.00)aggregate exclusive to this contract with Kittitas County.
<br />(b)Such insurance shall be endorsed to include Kittitas County,its officers,
<br />elected officials,employees,agents,and volunteers as an additional insured,and shall not be
<br />reduced or canceled without forty-five (45)days written prior notice to the County.This
<br />insurance shall be primary and non-contributory.
<br />(c)Such insurance shall be endorsed to include a "cross liability","severability
<br />of interests",or "separation of insured's"indicating essentially that "except with respect to the
<br />limits of insurance,and any rights or duties specifically assigned in this coverage part to the first
<br />named insured,this insurance applies as if each named insured were the only named insured,and
<br />separately to each insured against whom claim is made or suit is brought.
<br />(d)Licensee shall provide to County a certified copy of the insurance policy with
<br />all endorsements as evidence of coverage.Approval of insurance documentation is a condition
<br />precedent to full execution of this agreement.
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