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Section 4.Release,Indemnity,and Hold Harmless. <br />The County assumes no liability for the Funding Recipient's actions under this Agreement.Funding Recipient releases and shall defend,indemnify,and hold harmless the County,itsofficersandemployees,agents,representatives,attorneys and/or volunteers,from andagainstallclaims,costs,liabilities,damages,and expenses,(including,but not limited to,reasonable attorney fees)which arise or may arise or be alleged to arise out of or byreasonofthisAgreementincluding: <br />•Any fault,negligence,strict liability or product liability of Funding Recipient inconnectionwiththeServicesforthisAgreement; <br />•Any lien asserted upon any property of the County in connection with the ServicesforthisAgreement; <br />•Any failure of Funding Recipient,or of the Services,to comply with any applicable <br />law,ordinance,rule,regulation,order,license,permit and other requirement,now orhereafterineffect,of any governmental authority;or <br />•Any breach of or default under this Agreement by Funding Recipient. <br />Section 5.Compliance with Public Records Law. <br />a.In compliance with Washington's public records law,the County will retain copies ofanydocumentsassociatedwiththisAgreement,which may be required by lawunlesslegallyexemptfromsuchretention,for any applicable legally requiredretentionperiod. <br />b.In the event a public records request is made to the County for documents created inrelationtothisAgreement,should legal uncertainty arise regarding the disclosabilityofanydocumentsunderfederalorstatepublicrecordslaws,the County shallprovidenoticetoFundingRecipientpursuanttoWashington's public records act,chapter 42.56 RCW,to allow Funding Recipient to seek a court injunction. <br />c.The County specifically shall not be liable to Funding Recipient for the County'sreleaseunderpublicrecordslawsofanydocumentsnotprotectedbytrademark,copyright or other law. <br />Section 6.Industrial Insurance Waiver. <br />With respect to performance of this Agreement and as to any claims against the County,itsAdditionalInsureds,officers,agents and employees,the Funding Recipient expressly waives <br />its immunity under Title 51 of the Revised Code of Washington,the Industrial Insurance Act,for injuries to Funding Recipient's employees and agrees that the obligations to indemnify,defend and hold harmless provided in this Agreement extend to any claim brought by or onbehalfofanyemployeeoftheFundingRecipient.This waiver is mutually negotiated by thepartiestothisAgreement. <br />Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement <br />Page 4