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• Any lien asserted upon any property of the County in connection with the Services for this Agreement. • Any failure of Agency, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or • Any breach of or default under this Agreement by Agency. Section 5. Compliance with Public Records Law. a. In compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. In the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Agency pursuant to Washington's public records act, chapter 42.56 RCW, to allow Agency to seek a court injunction. c. The County specifically shall not be liable to Agency for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Section 6. Industrial Insurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional Insureds, officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to Agency's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties to this Agreement. Section 7. Insurance and Endorsements. The County may require through a request in writing that the Agency provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect Agency, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Agency or any of its employees, agents or representatives. c. Should the County require such liability insurance, the Agency agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Agency shall be attached to this Agreement and by this reference will be made part hereof. 2023 Law & Justice Council Funding Agreement Page 3 Doc ID: c2a1032151a564c18cb3bf0522ddbb4319e0934f