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costs of supplying or contracting for such facilities and for all expenses related
<br />to thc care of irnpoundcd animals.
<br />7, INDEMNIFICATION ANIJ I SURANCg REOUIREMENTS
<br />Kittitas County shall defend, indemnify, and liold 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 attomeys' fecs,
<br />arising out of or in connection with the performance of this Agreement, except
<br />for injuries or damages causdd by the sole negligence of South Cle Elum,
<br />including but not limited to any item listed in Section 7,2.
<br />7.2 If a claim or suit is brought against Kittitas County or Sor,rth Cle Elum, the
<br />basis of which is the enforcement of an allegedly unconstitutional or unlawful
<br />ordinance of South Cle Elum, South Cle Elurn shall defend, indemnify, and
<br />hold Kittitas County, its officers, officials, employees, agents and volunteers,
<br />harmless from any and all claims, injuries','damages, losses or suits, including
<br />all legal costs and attomeys' fees incurred in relation thcrcwith. In exccuting
<br />this Agreement, the County does not assurne liability or responsibility for or in
<br />any way rclease South Cle Elurn lrom any liability or responsibility that arises
<br />in whole or in part fronr the existence or effect of South Cle Elrun ordinances,
<br />rules, or regulations. In any cause, claim, suit, action or administrative
<br />proceeding in which the enforceability and/or validity of any such South Cle
<br />Elurn ordinance, rule or regulation is at issue, South Cle Elum shall defend on
<br />that issue at its sole expense, and if judgrnent is entered or damages are
<br />awarded against South Cle Elurn, the County, or both, on that issue, South Cle
<br />Elum shall satisfy the same, including all chargeable costs and attomey'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 othcnwisc
<br />remain responsible for its own acts or omissions, as well as those of its elected
<br />and appointed officials, officers, enrployees and agents,
<br />1.3 It is specifically and expressly understood that the indernnification provided
<br />herein constitutes Kittitas County's waiver of immunity under Industrial
<br />Insurance, Title 5l RCW, solely for the purposes of this indemnification. 'fhe
<br />Parties further acknowledge that they have mutually negotiated this waiver.
<br />7.t
<br />7.4
<br />7.5
<br />Both Parties shall procurc and mairrtain for the duration of this Agreement
<br />insurunce against claims for injuries to persons or damage to property that rnay
<br />arise from or in connection with this Agrecment.
<br />Within fifteen (15) days of the commencement of this Agreement, Kittitas
<br />County shall provide evidence of the following insurance coverage and limits
<br />at a minimum:
<br />Law enforcement or police professional insurance in an amount not less than
<br />$1,000,000.00 per occunsnce with a $2,000,000.00 aggregate.
<br />7 .5.1
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