Lease between City of Cle Elum and Sheriff_SearchandRescue

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CITY OF CLE ELUM 10. ASSIGNMENT: The Lessee shall not assign this lease nor sublet any portion thereof without first obtaining the written consent of the Lessor. 11. INDEMNIFICATION, HOLD HARMLESS, AND INSURANCE: The Lessee hereby agrees to defend, indemnify, and hold harmless the Lessor from any and all claims or demands whatsoever arising out of any loss, damage, or injury to persons or property resulting from the Lessee's use or occupancy of said premises and leased area, or caused by the acts or neglect of the Lessee, his agents or employees. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee's waiver of immunity under Industrial Insurance. Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated and agreed to by the Lessee and Lessor. The provisions of this section shall survive the expiration or termination of this Lease. (a) Insurance Term The Lessee shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. (b) No Limitation The Lessee's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor's recourse to any remedy available at law or in equity. (c) Minimum Scope of Insurance Washington Counties Risk Pool. Kittitas County certifies that it is a member of the Washington Counties Risk Pool (the "Pool"), as provided by RCW 48.62.031, and that it is covered by the Pool's Joint Self -Insurance Memorandum of Liability Coverage Document. Claims submitted under Chapter 4.96 RCW ("Actions against political subdivisions, municipal and quasi -municipal corporations") against Lessee, its employees, officers, volunteers and agents and/or actions in connection with or incidental to the performance of this Lease Agreement which Lessee and/or its employees, officers, volunteers, and agents are found to be liable for will be paid by the Pool and/or Lessee. The Pool's liability limits of $10,000,000, per occurrence, exceed limits required by the Lease Agreement and provide coverage for commercial general liability, auto liability, and professional liability and shall respond to the same extent as if a commercial insurance policy had been purchased naming Lessor as additional insured. (d) Minimum Amounts of Insurance Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. PAGE 3