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CFM hereby waives all rights of recourse, including any right to which another may be
<br />subrogated, against Kittitas county for personal injury, including death, and property
<br />damage. CFM's insurance policies required above shall be primary insurance and shall
<br />be non-contributing with any other insurance maintained by Kittitas county.
<br />CFM shall assume full responsibility for all loss or damage from any cause whatsoever to
<br />any tools, cFM's employee-owned tools, machinery, equipment, or motor vehicles
<br />owned or rented by CFM, or CFM'S agents, suppliers or contractors.
<br />CFM shall have sole responsibility for ensuring the insurance coverage and limits
<br />required are obtained by subcontractors.
<br />NOTE: No contract shall form until and unless a copy of the Certificate of lnsurance with
<br />Endorsement, properly cornpleted and in the amount required, is attached hereto.
<br />7.02 CFM hereby releases and shall indemnify, defend, and hold harmless the County, its
<br />subsidiaries, affiliates, officers, agents, employees, successors, assigns, and authorized
<br />representatives of all of the foregoing from and against all suits, actions, legal or administrative
<br />proceedings, claims, demands, damages, liabilities, interest, attorney fees, costs, and expenses
<br />of any kind or nature, including those arising out of injury to or death of CFM's employees,
<br />whether arising before or after completion of the work hereunder and in any manner directly or
<br />indirectly caused, occasioned, or contributed to in whole or in part, or claimed to be caused,
<br />occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or
<br />negligence of CFM, CFM's sub-contractors, or of anyone acting under CFM's direction or control,
<br />or on CFM's behalf in connection with the performance of this Agreement. The County shall be
<br />indemnified and held harmless to the fullest extent permitted by law. CFM expressly waives its
<br />immunity under industrial insurance, Title 51 RCW, in relation to claims by and/or against the
<br />County; however, this provision does not otherwise waive immunity in relation to claims by CFM
<br />employees against CFM. This waiver was mutually negotiated by the parties, lf any portion of
<br />this indemnity clause is invalid or unenforceable, it shall be deemed excised and the remaining
<br />portions of the clause shall be given full force and effect.
<br />CFM hereby agrees to require all its sub-contractors or anyone acting under its direction,
<br />control, or on its behalf in connection with, or incidentalto the performance of this Agreement
<br />to execute an indemnity clause identicalto the preceding clause, specifically namingthe County
<br />as indemnitee.
<br />7.O3 CFM agrees to notify the County, promptly in writing of any death, serious injury, or serious
<br />damage arising out of its operations on the County's premises, and to comply at all times with
<br />the requirements and provisions of the Occupational Safety and Health Act and related rules
<br />and regulations.
<br />Professional Services Operating Agreement page S
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