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<br />office to impound animals, South cle Elum shall be responsible to supply or
<br />contract for access to appropriate impound. Such contract for animal impound
<br />and care shall be in effect prior to Sheriff s personnel engaging in enforiement
<br />of such a code provision. South Cle Elum shall be solely responsible for the
<br />costs of supplying or contracting for such facilities and for all expenses related
<br />to the care of impounded animals.
<br />Kittitas county shall defend, indemnify, and hold South cle Elum, and its
<br />officers, officials, employees, agents, and volunteers, harmless from any and all
<br />claims, injuries, damages, losses or suits, including all legal and attorneys, fees,
<br />arising out of or in connection with the performance of this Agreement, except
<br />for injuries or damages caused by the sole negligence of South cle Elum,
<br />including but not limited to any item listed in Section 7.2.
<br />If a claim or srdt is brought against Kittitas county or South cle Elum, the
<br />basis of which is the enforcement of an allegedly unconstitntional or unlawful
<br />ordinance of South cle Elum, south cle ElLrm shall defend, indemnify, and
<br />hold Kittitas county, its officers, officials, employees, agents and voh.nteers,
<br />harmless from any and all claims, injuries, damages, losses or suits, including
<br />all legal costs and attomeys' fees incurred in relation therewith. In executing
<br />this Agreement, the County does not asslrme liability or responsibility for oi in
<br />any way release South Cle Elum from any liability or responsibility that arises
<br />in r.vhole or in parl from the existence or effect of South Cle Elum ordinances,
<br />rules, or regr,rlations. In any callse, claim, suit, action or administrative
<br />proceeding in which the enforceability and/or validity of any such South Cle
<br />Eh.rm ordinance, rule or regulation is at issue, South Cle Elum shall clefend on
<br />that issue at its sole expense, and ifjudgment is entered or damages are
<br />awarded against South Cle Eh-rm, the County, or both, on that issue, South cle
<br />Elum shall satisff the same, including all chargeable costs and attorney's fees,
<br />attributable to the existences or effect of a South Cle Elum ordinance, rule or
<br />regulation. In any such cause, claim, suit, or action, each party shall otherwise
<br />remain responsible for its own acts or omissions, as r,vell as those of its elected
<br />and appointed officials, officers, employees and agents,
<br />It is specifically and expressly understood that the indemnification provided
<br />herein constitutes Kittitas county's waiver of immunity under Induitrial
<br />Insrlrance, Title 5l RCW, solely for the purposes of this indemnification. The
<br />Parties further acknowledge that they have mutually negotiated this waiver.
<br />Both Parties shall procure and maintain for the duration of this Agreement
<br />insurance against claims for injuries to persons or damage to property that may
<br />arise from or in connection r,vith this Agreement.
<br />7.1
<br />7.2
<br />7.4
<br />Page 5 of8
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