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2. These records shall be rnaintained for a period of six (6) years after teffnination of
<br />this designation unless permission to deshoy them is granted by the office of the
<br />Archivist in accordance with Revised Code of Washington (RCSD Chapter 40.L4.
<br />V. Indemnificaflon and fnsurance
<br />A. The Consortium assumes no responsibility for thepayment of any compensation,
<br />wages' benefits, or taxes by or on behalf of the SCWDC any of its employeeso or any
<br />other percon or entify by reason of this designation, except as set forth herein regarding
<br />withdrawal of designation. The SCWDC shall protect, defend, indemnify, and save
<br />harmless the Counties of Yakima, I(ittitas, Klickitat and Skamania and the CEO and any
<br />of their officers, agents, and employees from and against any and all claims, costs, or
<br />losses whatsoever occurring or resulting from: (1) The SCWDC's failure to pay any such
<br />compensation, wages, benefits, or taxes, or (2) the supplying to the SCWDC of work,
<br />services, materials, or supplies by any council employees or other suppliers in connection
<br />with or support of the performance under this designation, except as set forth herein
<br />regarding withdrawal of designation.
<br />B. The SCWDC is financially responsible for and, following an audit exception, shall
<br />repay the Consortium all amounts indicated therein that the Consortium is required to pay
<br />due to the negligence, intentional act, or failure, for any reason, of the scwDC, its
<br />officers, employees, agents, or representatives to comply with the conditions of this
<br />Agreement, the WIOA or any des or regulation promulgated there under. This duty to
<br />repay the Consortirun shall not be diminished or extinguished by the expiration or piior
<br />tennination of this Agreonent.
<br />C. The SCWDC shall protect, defend, indemniff, and save harmless the Consortiurn, the
<br />Counties, and their respective officers, employees, and agorts frorn any and all costs,
<br />clairns, judgments, or awards of darnages, arising out o{ or in anyway resulting from,
<br />any negligent acts or omissions of the SCWDC or any of its oflicersn employees, or
<br />agents under this designation, excqrt as set forthherein regarding withdrawal of
<br />designation. The SCWDC's obligafion under this subparagaph extend to any claim,
<br />demand or cause of action brought by, or on behalf of, any of its ernployees or agents.
<br />For this purpose, the SCWDC, after mutual negotiation with the Consortiurn will
<br />consider entering into a separate agteement that waives, as respects the Consortium and
<br />the Counties only, any irnmunitythat would otherwise be available against such claims
<br />under the Industrial lnsurance provisions of Title 51 RC\M. In the event the Consortium
<br />or Counties incur anyjudgment, award, or cost, including attomeys' fees to enforse the
<br />provisions of this article, and all such fees, expenses, and costs shall be recoverable from
<br />the SCWDC.
<br />D' Claims shall include, but not be limited to, assertions that use of transfer of software,
<br />book, documenf, report, film, tapeo or sound reproduction or material of any kind,
<br />delivered hereunder, constitutes an infringement of any copynght, patent, trarlemark,
<br />frade namq or otherwise results in unfair trade practice.
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