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unto "FRANCHISEE"; and (ii) provide all reasonably requested assistance in defense or setflement of such claim at "FRANCHISEE', expense; and (iii) retain the right to control the defense of setflement or such claims. Franchisee acknowledges that Kittitas County Code (KCC) 12.56.100 ("Damages to grantee's installation") provides: ln consideration of the granting of such franchise by the grantor to the grantee, the grantee, for itself/himself and its/his assigns, shall contract and agree to save the county harmless from any liability of whatsoever nature arising out of any damage and/or destruction done or suffered to be done to grantee's mains, valves, pipes, poles, cables, lines or other fittings or appurtenances of whatsoever nature placed upon, along, across, over and/or under the county road right-of-way or other county property. This paragraph shall be construed to mean that the grantee accepts such franchise and any rights conferred thereunder for the use and occupation of any portion of the right-of-way at its/his own risk, and agrees to assume responsibility or any damage occasioned to grantee oi tnirO parties by grantor in the maintenance and/or construction work performed by grantor upon the roadways described-herein and which would not have occurred but for the presence on the roadways of the grahtee's pipes, poles, lines, cables, fittings or other appurtenances mentioned above, except to the extent any such damage or loss is caused by the sole negligence of the grantor. Franchisee specifically recognizes and acknowledges its responsibilities pursuant to KCC 12.56.100. Sgction 16. Effective Date. This Franchise shall take effect and be in futl force and effect five (5) days after approval of the Kittitas County Board of Commissioners which is hereby approved. Section 17. Other Conditions: None This franchise is not valid until accepted and signed by ,,FRANCHISEE" DArED tnis ll/fl'b"y or Ellensburg, Washington BOARD OF COUNTY COMMISSTO'VERS KITTITAS COUNTY,s Chairman of the APPROVED: Approved as to Form: Prosecutina Attornev WSBA # ACCEPTED: " FRAN CH I S EE" - S ig n ature .''FRANCHISEE"-Signature Print NamelTitle: Da v irj- M.n Print NamelTitle: Commissioner DATED: DATED: &R",X&lilrqJ$S * J,A$JS$ ?l*iN t4lrt IS;C , '- O l^t n*zf A -c-Zl F$$S ii *s $