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HH-2022-OO 1-FISH-CWS
<br />F. If the Recipient's liability coverage is written as a claims-made policy, then the
<br />Recipient must evidence the purchase of an extended-reporting period or "tail"
<br />coverage for a three-year period after completion of the services.
<br />G. The Recipient's liabilit5r insurance provisions shall be primary and shall be non-
<br />contributing with any other insurance maintained by Kittitas County with respect to
<br />any insurance or self-insurance programs covering the County, its elected and
<br />appointed officers, officials, employees, agents and representatives.
<br />H. Any failure to comply with reporting provisions of the policies will not affect
<br />coverage provided to the Coun[r, its officers, officials, employees, agents or
<br />representatives.
<br />The Recipient's insurance will apply separately to each insured against whom claim
<br />is made or suit is brought, subject to the limits of the insurer's liability. The Recipient
<br />will include all subcontractors as insurers under its policies or will furnish separate
<br />certificates and endorsements for each subcontractor. All coverage for subcontractors
<br />will be subject to all of the requirements stated in these provisions.
<br />ARTICLE VII - INDEMNIFICATION
<br />Section 7.1 Indemnification. To the fullest extent permitted by law, the Recipient shall
<br />indemnifu, defend and hold harmless the County, the Committee and the BOCC, and all
<br />County officials, officers, employees, agents and each of them, from and against all claims in
<br />any way resulting from or arising out of the performance of this Agreement, whether such
<br />claims arise from the actual or alleged acts, errors or omissions of the Recipient, its
<br />subcontractors, third parties, the County, the Committee or the BOCC, or anyone directly or
<br />indirectly employed or supervised by any of them or anyone for whose acts, errors or omissions
<br />any of them may be liable. "Claim" means any loss, claim, suit, action, liability, damage or
<br />expense of any kind or nature whatsoever, including but not limited to afforneys' fees and costs,
<br />attributable to personal or bodily injury, sickness, disease or death, or to injury to or destruction
<br />of property, including the loss of use resulting therefrom.
<br />Section 7.2 Recipient's Duty to Indemni&. The Recipient's duty to indemnifu, defend and
<br />hold harmless includes but is not limited to claims by the Recipients or any subcontractor's
<br />officers, employees or agents. The Recipient's duty, however, does not extend to claims arising
<br />from the sole negligence or willful misconduct of the County, the Committee or the BOCC, or
<br />of the officials, officers, employees, agents or representatives of the County, the Committee or
<br />the BOCC.
<br />Section 7.3 Waiver of RCW Title 51 Immunity. Solely for purposes of this indemnification
<br />provision, the Recipient expressly waives its immunity under Title 51 RCW and acknowledges
<br />that this waiver was mutually negotiated by the parties. The Recipient's duty to indemnifu,
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