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Kittitas Valley Event Center, License Agreement
<br />PART 11
<br />KVEC Control Number: KC4H-20
<br />WSU Contract Number: 29068
<br />II.A. FACILITIES ACCEPTANCE/DAMAGES: Licensee accepts the licensed premises in "as is" condition without any obligation
<br />by KVEC to alter or make changes in any of its physical facilities. Licensee may, at its own expense, make alterations,
<br />installations, decorations and like items, provided it receives the prior written approval of an authorized KVEC representative to
<br />do so. Licensee agrees to pay for any reasonably required or requested special and additional services, facilities, equipment,
<br />materials, technicians, etc., supplied by KVEC, at prevailing rates and conditions, as agreed upon at Event Agreement
<br />execution, and to be paid in accordance with Section I.D.3. A list of these rates may be obtained from the KVEC office.
<br />Licensee agrees to pay for any damage, beyond normal wear and tear, to any structure, landscaping, equipment, etc. that can be
<br />attributed to the negligent acts or omissions of Licensee, its officers, agents, employees, and registered volunteers who are
<br />acting in good faith and within the scope of their official duties in the performance of this agreement. KVEC will bill all
<br />attributed damages to the Licensee and will not be responsible for collection from individuals.
<br />II.B STALL USE: KVEC's sole responsibility shall be to provide a non -bedded stall at the beginning of each occupation period,
<br />and to clean the stalls at the end of that period. Interim stall care is the responsibility of the Licensee/Individual stall users.
<br />Licensee/Individual stall users are responsible for providing rakes, shovels, wheelbarrows and other equipment. Stall counts for
<br />the purpose of billing are to be verified by representatives of both the Licensee and KVEC for billing to Licensee at the end of
<br />each occupation period.
<br />II.C. RULES AND REGULATIONS: Licensee covenants and agrees to abide by all applicable laws and regulations, and policies
<br />and rules established by KVEC and its authorized representatives to the extent they are not inconsistent with applicable law; to
<br />provide any licenses and permits required to comply with federal, state, county and city laws, statutes, resolutions and
<br />ordinances; and to incur no bills or obligations for labor, materials or otherwise for which KVEC may be or become liable.
<br />II.D. INSURANCE: Licensee, on behalf of itself, its agents, partners, employees, members, and insurers, releases and forever
<br />discharges, and agrees to defend, indemnify, and save and hold harmless KVEC, Kittitas County, State of Washington, and its
<br />and their Board of Commissioners, agents, employees and all of its and their divisions and departments, by whatever name
<br />known [herein "released parties"], from any and all claims, demands, debts, losses, obligations, actions, or causes of action, of
<br />whatever nature or kind; whether relating to persons, property, business, or otherwise; which may arise from, or on account of,
<br />or be in any way related to any negligent act or omission on the part of the Licensee or any of its agents, officers, employees,
<br />or registered volunteers, who are acting in good faith and within the scope of their official duties in the performance of this
<br />agreement, except to the extent that such claim arises in whole or in part as a result of the negligence, including gross
<br />negligence, or intentional misconduct of the released parties referred to above.
<br />In the event litigation arises to enforce the terms of this agreement, the parties shall bear their own attorneys' fees and costs.
<br />In connection herewith, Licensee agrees to secure insurance and/or self-insurance for the respective dates, as specified in
<br />1.B.6 and "Attachment A Event Dates and Schedules by Facility", with coverage in the minimum amount noted below,
<br />unless KVEC, in its sole discretion, specifies otherwise. The released parties shall be named as additional insured in
<br />said policy and certificates of insurance shall be provided to KVEC as soon as practical after Agreement execution as
<br />taken place, and annually thereafter, If such policies shall materially change, Licensee shall endeavor to notify KVEC at
<br />least thirty (30) days in advance of the effective date of such change. This insurance will provide both general liability
<br />protection and protection for any damage to the premises as described above. and shall -b" ' • 1111 ��+
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<br />Other P.�r�y�y
<br />Minimum Insurance Required: $3,000,000 per occurrence / $5,000,000 aggregate `«f
<br />Notwithstanding anything in the Agreement to the contrary, the parties expressly acknowledge and agree (I) Licensee and its
<br />officers, employees, agents, and registered volunteers, while acting in good faith within the scope of their official Licensee
<br />duties, are covered by the State of Washington Self -Insurance Liability Program (RCW 43.19.766 et seq.) and the Tort Claims
<br />Act (RCW 4.92.060 et seq.). Successful claims to pay legal liabilities and defense costs of the state resulting from tortious
<br />conduct of Licensee and its employees, officers, agents, and registered volunteers in the performance of their official Licensee
<br />duties in good faith under this Agreement will be paid from the tort claims liability account as provided in RCW 4.92.130.
<br />Notwithstanding anything in this Agreement to the contrary, the extent of the liability Licensee contractually assumes under
<br />this Agreement is limited to those risks for which Licensee is covered by the State of Washington Self -Insurance Liability
<br />Program and the Tort Claims Act, and (2) Licensee will only provide a defense to KVEC if the Office of the Attorney General
<br />of the State of Washington determines that (a) coverage for the costs of the same are within the scope of the coverage afforded
<br />to the Licensee by the State of Washington Self-[nsurance Liability advantageous to Licensee and the State of Washington to
<br />do so,
<br />Page 4 of 8 Initial for Licensee: _ initial for KVEC:1VA_0
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