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2. These records shall be rnaintained for a period of six (6) years after termination of
<br />this designation unless permission to deshoy them is grantedby the office of the
<br />Archivist in accordance with Revised code of washinglon (RC$D chapter 40.14.
<br />V. Indemnification and Insurance
<br />A. The Consortium asswnes no responsibility for the payment of any compensation,
<br />wages, benefits, or taxes by or on behatf of the SCWDC any of its employies, or any
<br />other person or mtity by reason of this designation, except as set forlirheiein iegarding
<br />withdrawal of designation. The scwDc shall protect, defend, indemnify, and sarve
<br />harmless the Counties of Yakimao I(ittitas, Klickitat and Skamania and tir'* CBO a1d any
<br />oftheir officers, agents, and employees from and against any and all claims, costs, or
<br />losses whatsoever occurring orresulting from: (1) The SCWDC's failure to pay any such
<br />compensation, wages, benefits, or taxes, or (2) the supplying to the SCWocoiwoik,
<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 r"t 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 Consortiurn is iequiied to pay
<br />due to the negligence, intentional ast,or failure, for any reason, of the scwD-c, its
<br />officers, employees, agents, or representatives to comply with the conclitions of this
<br />Agreement, the \trIIOA or any rules or regulation promulgated there under. This duty to
<br />repay the Consortiun shall not be diminishecl or extinguished by the expiration orpiio,
<br />termination of this Agreement.
<br />C. The SCWDC shall protect, defend, indrmnify, and save harmless the Consortium, the
<br />Counties, and their respective officers, employees, and agents from any and all costs,
<br />clairns, judgments, or awards of darnages, arising out of, or in any way resulting from,
<br />anynegligent acts or omissions of the SCWDC or any of its officers, employees, or
<br />agents under this designation, except as set forth herein regarding withdrawal of-
<br />designation. The SCWDC's obligafion under this subparagraph extend to any clairn,
<br />demand or cause of action brought by, or onbehalf oi, uny oiits ernployr.* t, agents,
<br />For this pulpose, the SCWDC, after mutual negotiation with the Consortium wili
<br />considsr entering into a separate agreement that waives, as respects the Consortium antl
<br />the Counties only any immunity that would otherwise be avaiiable against zuch claims
<br />under the Industrial lnsurance provisions of Title 51 RCW. In the evsnt the Consortium
<br />or Counties incur any judgment, award, or cost, including attomeys' fees to enforce the
<br />provisions of this article, and atl such fees, expenses, and costs shall be recoverable from
<br />the SCWDC.
<br />D. Clairns shall includq but not be limited to, assertions that use of transfer of software,
<br />book, document, report, film, tape, or sound reproduction or material of any kind,
<br />delivered hereunder, constitutes an infringement of any copynght, patent, frademaf,k,
<br />trade narng or otherwise results in unfair trade practice.
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