Carnival Agreement - Laserfiche WebLink

Home Browse Search

(e)If the cost to Licensee of insurance necessary to comply with (a)through (d) of this paragraph increases after the 2020 fair in an amount that could not reasonably have been anticipated by Licensee upon execution of this agreement,Licensee may request that the County enter into negotiations with Licensee,which negotiations shall be limited to the subject of insurance and shall not affect application of (a)through (d)of this paragraph.If the parties do not enter into a written agreement concerning insurance before the first of March after such request,then either party may terminate this agreement by giving written notice of termination to the other party within 15 days thereafter.If the increase in the cost to Licensee of insurance could reasonably have been anticipated or if notice or termination is not given between March 1 and 15 as provided herein,this agreement including the requirements of (a)through (d)of this paragraph shall remain in full force and effect. 7.8 Governing Law and Stipulation of Venue.The laws of the State of Washington shall govern this agreement and the parties stipulate that any lawsuit regarding this agreement must be brought in Kittitas County,Washington. 7.9 Attorney's Fees.The losing party agrees to pay reasonable attorney fees and costs to the prevailing party in the event it is necessary to commence any legal action,suit or proceeding against the other party by reason of any breach of this agreement. 7.10 Indemnification for Damage to County.The Licensee agrees to indemnify the County for any and all damage caused by its negligence to the County's property. 7.11 Termination.This agreement may be terminated by the County if: (a)In the judgment of the County,it is unable to present an agricultural fair on the dates specified in this agreement. (b)There is failure to make payment as required or violation of any term of condition provided for herein which Licensee,having been given written notice or any such violation,has failed to correct within a reasonable period of time; (c)There occurs an assignment for the benefit of creditors by,or an institution of bankruptcy proceedings for or against,the Licensee; (d)There is shown to exist fraud,collusion,or conflict of interest on the part of any of the parties and/or their agents in obtaining this agreement or carrying out the provisions hereof.For these purposes,the above terms are as defined by the laws of the State of Washington,including,but not in lieu of these laws,conflict of interest is also defined to include the giving or receiving of any gratuity or the entering of any employment relationship between a county officer or employee and the Licensee that is not first disclosed and approved by the County in public meeting. (e)There is compelling governmental need for the premises which the County determines is inconsistent with the privileges granted herein.