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7.5 County to Furnish Water. The County agrees to fumish 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 Hold Harmless Agreement. Licensee shall protect, save harmless, indemni$r, 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 nafure 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, occuffence 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 occuffence 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 offtcers,
<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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