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7.5 County to Furnish Water. The County agrees to furnish to Licensee for use on the
<br />fairgrounds reasonable quantities of 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, indemnify, and
<br />defend at its own expense, Kittitas County, its elected and appointed officials, officers,
<br />employees, agents, and volunteers from any loss or claim for damages of any nature whatsoever,
<br />arising out of the performance of this agreement, including claims by Licensee's employees or
<br />third parties, except for those damages solely caused by the negligence or willful misconduct of
<br />Kittitas County, its elected and appointed officials, officers, employees, agents, or volunteers.
<br />Neither Kittitas County, nor it's elected and appointed officials, officers, employees, agents, or
<br />volunteers shall be liable for any damage or injury to the Licensee, its sub -Licensees or sub-
<br />contractors, or its or their employees, or its or their properties occurring through, or caused by a
<br />defect to the premises used or property licensed pursuant to this agreement. Licensee shall
<br />assume the entire risk by loss of or damage to its property or property of its sub -Licensees or
<br />sub -contractors used in connection with this agreement. Property shall include but not be limited
<br />to the amusement rides, side shows, novelty and game concessions, and food concession booths
<br />together with all of their fixtures, supplies, and inventory of merchandise for sale, owned or
<br />leased by or consigned 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, occurrence form Commercial General Liability Insurance with endorsements
<br />and/or other insurance to indemnify for the activities and services of this contract, with a
<br />carrier subject to the approval of the County. Minimum limit of coverage shall be SIX
<br />MILLION DOLLARS ($6,000,000.00) combined single limit, each occurrence and
<br />TWELVE MILLION DOLLARS ($12,000,000.00) aggregate exclusive to this contract
<br />with Kittitas County.
<br />(b) Such insurance shall be endorsed to include Kittitas County, its officers,
<br />elected officials, employees, agents, and volunteers as an additional insured, and shall not
<br />be reduced or canceled without forty-five (45) days written prior notice to the County.
<br />(c) Such insurance shall be endorsed to include a "cross liability", "severability
<br />or interests", or "separation of insured's" indicating essentially that "except with respect
<br />to the limits of insurance, and any rights or duties specifically assigned in this coverage
<br />part to the first named insured, this insurance applies as if each named insured were the
<br />only named insured, and separately to each insured against whom claim is made or suit is
<br />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
<br />condition precedent to full execution of this agreement.
<br />Carnival Contract 2017-2022 Page 10 of 13
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