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remain the same.
<br />X INDEMNIFICATION
<br />Friends agrees to and shall defend,indemnify and hold harmless the County,its appointed and
<br />elective officers,agents and employees,from and against all loss or expense,including but not
<br />limited to judgments,settlements,attorney's fees and costs by reason of any and all claims and
<br />demands upon the County,its elected or appointed officials,agents,or employees for damages
<br />because of personal or bodily injury,including death at any time resulting therefrom,sustained
<br />by any person or persons and on account of damage to property including loss of use thereof,
<br />whether such injury to persons or damage to property is due to the negligence of Friends,its
<br />sub-contractors,its elected officers,employees,volunteers or their agents,except only such
<br />injury or damage as shall have been occasioned by the sole negligence of the County,its
<br />appointed or elected officials,agents,or employees.It is further provided that no liability shall
<br />attach to the County by reason of entering into this contract,except as expressly provided
<br />herein.
<br />The County agrees to and shall defend,indemnify and hold harmless Friends,its appointed and
<br />elective officers,agents and employees,from and against all loss or expense,including but not
<br />limited to judgments,settlements,attorney's fees and costs by reason of any and all claims and
<br />demands upon Friends,its elected or appointed officials,agents,or employees for damages
<br />because of personal or bodily injury,including death at any time resulting therefrom,sustained
<br />by any person or persons and on account of damage to property including loss of use thereof,
<br />whether such injury to persons or damage to property is due to the negligence of the County,its
<br />sub-contractors,its elected officers,employees,volunteers or their agents,except only such
<br />injury or damage as shall have been occasioned by the sole negligence of Friends,its appointed
<br />or elected officials,agents,or employees.It is further provided that no liability shall attach to
<br />Friends by reason of entering into this contract,except as expressly provided herein.
<br />XL INDUSTRIAL INSURANCEWAIVER
<br />With respect to the performance of this Agreement and as to claims against the County,its
<br />officers,agents and employees,Friends expressly waives its immunity under Title 51 of The
<br />Revised Code of Washington,the Industrial Insurance Act,for injuries to its employees and
<br />agrees that the obligations to indemnify,defend and hold harmless provided in this agreement
<br />extend to any claim brought by or on behalf of any employee or agent of Friends.This waiver
<br />is mutually negotiated by the parties to this Agreement.
<br />XIL VENUE AND CHOICE OF LAW
<br />In the event that any litigation should arise concerning the construction or interpretation of any
<br />of the terms of this Agreement,the venue of such action of litigation shall be in the Superior
<br />Court of the State of Washington in and for the County of Kittitas.This Agreement shall be
<br />governed by the laws of the State of Washington.
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