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Kittitas Valley Event Center, License Agreement KVEC Control Number: KC4H-20
<br />WSU Contract Number: 29068
<br />PART II
<br />ll.A, FACTLITIES ACCEPTANCE/DAMAGES: Licensee accepts the licensed premises in "as is" condition without any obligation
<br />by KVtiC to aher 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 receivcs the prior writlen approval ofan authorized KVEC represcntative 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 ratcs and conditions, as agreed upon at Event Agreement
<br />execution, and to be paid in accordance with Section LD.3. A list of these rates may be obtained from the KVEC office.
<br />Licensee agrees lo 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 ofLicensee, its officcrs, agents, employees, and registered volunteers who are
<br />acting in good faith and within the scope of their official dutie s 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 responsibilig of the Licensee/lndividual stall users.
<br />Licenscc/lndividual stail uscrs aro responsible for providing rakes, shovels, wheelbarrows and other equipment. StalI counts for
<br />the purpose ofbilling are to be verified by rcpresentatives ofboth the Licensee and KVEC for billing to Licensee at the end of
<br />each occupation period.
<br />ll.C. RULES AND RECULATIONS: Licensee covenants and agrees to abide by all applicable laws and regulations, and policies
<br />and rulcs establishsd 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 itselfi, its agents, partners, employees, membcrs, and insurers, releases and forever
<br />discharges, and agrees to defend, indcmnify, 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 lheir divisions and departments, by whatever name
<br />known [herein "released parties"], from any and all claims, demands, debts, losses, obligations, actions, or causes ofaction, of
<br />whatever nature or kind; whether relating to persons, property, business, or otherwise; which may arise from, or on account of,
<br />or beinanywayrelatedtoanynegligentactoromissiononthepartoftheLicenseeoranyofitsagents,offtcers,employces,
<br />or registered volunteers, who are acting in good faith and within the scope oftheir official duties in the performance ofthis
<br />agreement, except to the extent that such claim arises in whole or in part as a result ofthe negligence, including gross
<br />negligence, or intontional misconduct ofthe released parties referred to above.
<br />In the evcnt litigation arises to enforce the terms ofthis agreement, the parties shall bear their own attorneys' fess and costs.
<br />In connection herewith, Licensee agrees to secure insursnce and/or self-insurance for the respective dates, as specified in
<br />I.8.6 rnd "Attachment A Event Dstes snd Schedules by Frcility", with coverage in the minimum amount noted below,
<br />unless KVEC, in its sole discretion, spccilies otherwisc. The released partics shall be named a$ edditional insured in
<br />said pollcy and certificstes ofinsurance shall be provided to KVEC as soon as practicsl after Agreement execution as
<br />taken place, and annually thererfter, Ifsuch policies shall materially change, Liccnsee shall endeavor to noti! KVEC at
<br />leastthirty(30)daysinadvanceoftheeffectivedateofsuohchange. Thisinsurancewill providebothgeneral liability
<br />protcction and protection for any damage to the premises as described above,-elelshelllpprinxry<u*-aon-eo*+ih*ery
<br />Y{!{:{,@
<br />Minimum lnsurance Required: $3,000,000 per occurrence / $5,000,000 aggregate
<br />Notwithstanding anything in the Agreement to the contrary, the patties expressly acknowledgc and agree (l) l,icensee and its
<br />officers, employees, agents, and registered volunteers, while acting in good faith within the scope ofthelr official Licensee
<br />duties, are covered by the State of Washington Self-lnsurance Liability Program (RCW 43, 19.766 et seq.) and the Tort Claims
<br />Act (RCW 4.92.060 €t seq.). Successful claims 1o pay legal liabilities and defensc costs of the state resulting from tortious
<br />conducl ofLicensee and its employees, officers, agents, and registered volunteers in the porformance oftheir official Licensee
<br />duties in good failh under this Agreement will bc paid ftom the tort claims liability account as provided in RCW 4.92.130.
<br />Notwithstanding anything in this Agreement to the contrary, thc cxtcnt of the tiability Licensee contractually assumes under
<br />this Agreement is limited to those risks lor which Licensee is covered by the State of Washington Self-lnsurance Liability
<br />Program and the Tort Claims Act, and (2) Licensee will only provide a defense to KVEC if the Office of the Attorney Gcneral
<br />of the State of Washington determines that (a) covcrage for the costs of the sams ar€ within the scope of the coverage afforded
<br />to the Licensee by the State of Washington Self-lnsurance Liability advantageous to Liccnsee and the State of Washington to
<br />do so,
<br />Pagc 4 of8 lnitial lor l,icensee: -, lnitial for KVEC: EQ
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