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work under this franchise, provided however, that in case any suit or action is instituted against the <br />County by reason of any such damage or injury, County shall: (i) cause written notice thereof to be given <br />unto "FRANCHISEE"; and (ii) provide all reasonably requested assistance in defense or settlement of <br />such claim at "FRANCHISEE", expense; and (iii) retain the right to control the defense of settlement or <br />such claims. <br />Franchisee acknowledges that Kittitas County Code (KCC) 12.56.100 ("Damages to grantee's <br />installation") provides: In consideration of the granting of such franchise by the grantor to the grantee, the <br />grantee, for itself/himself and its/his assigns, shall contract and agree to save the county harmless from <br />any liability of whatsoever nature arising out of any damage and/or destruction done or suffered to be <br />done to grantee's mains, valves, pipes, poles, cables, lines or other fittings or appurtenances of <br />whatsoever nature placed upon, along, across, over and/or under the county road right-of-way or other <br />county property. This paragraph shall be construed to mean that the grantee accepts such franchise and <br />any rights conferred thereunder for the use and occupation of any portion of the right-of-way at its/his own <br />risk, and agrees to assume responsibility or any damage occasioned to grantee or third parties by grantor <br />in the maintenance and/or construction work performed by grantor upon the roadways described herein <br />and which would not have occurred but for the presence on the roadways of the grantee's pipes, poles, <br />lines, cables, fittings or other appurtenances mentioned above, except to the extent any such damage or <br />loss is caused by the sole negligence of the grantor. Franchisee specifically recognizes and <br />acknowledges its responsibilities pursuant to KCC 12.56.100. <br />Section 16. Effective Date. This Franchise shall take effect and be in full force and effect five (5) days <br />after approval of the Kittitas County Board of Commissioners which is hereby approved. <br />Section 17. Other Conditions: None <br />This franchise is not valid until accepted and signed by "FRANCHISEE" <br />DATED this day of <br />ATTEST.• <br />Clerk of the Board <br />APPROVED: <br />Approved as to Form: <br />Prosecuting Attorney <br />WSBA # <br />_, at Ellensburg, Washington. <br />BOARD OF COUNTY COMMISSIONERS <br />KITTITAS COUNTY, WASHINGTON <br />Bregftchsmith, Chair <br />Laura Osladacz, Vice -Chair <br />Cory Wright, Commissioner <br />T D: <br />-"FRANCHISEE"-Signature <br />-"FRANCHISEE' =Signature <br />Ellensburg, WA 98926 i , j <br />S a-4 E' S-kce DATED: � ✓ 1 v —al <br />l <br />Print name: <br />FRANCHISE PAGE 5 OF 5 <br />