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DEFAULT:
<br />The Vendor covenants and agrees that in the event suit is instituted by Kittitas County for any
<br />default on the part of the Vendor, and the Vendor is adjudged by a court of competent
<br />jurisdiction to be in default, the Vendor shall pay to Kittitas County all cost, expenses expended
<br />or incurred by Kittitas County in connection therewith, and reasonable attorney's fees. The
<br />Vendor agrees that the Superior Court of the State of Washington shall have jurisdiction over
<br />any such suit and that venue shall be laid in Kittitas County.
<br />INDEMNIFICATION:
<br />The Vendor agrees to and shall defend, indemnify and hold harmless the County, its appointed
<br />and elective officers, agents and employees, from and against all loss or expense, including but not
<br />limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and
<br />demands upon the County, its elected or appointed officials, agents, or employees for damages
<br />because of personal or bodily injury, including death at any time resulting therefrom, sustained by
<br />any person or persons and on account of damage to property including loss of use thereof,
<br />whether such injury to persons or damage to property is due to the negligence or misconduct of the
<br />Vendor, its sub -contractors, its elected officers, employees or their agents, while performing
<br />Vendor's duties in connection with supplying and delivering the materials to the County, except
<br />only such injury or damage as shall have been occasioned by the sole negligence of the County,
<br />its appointed or elected officials, agents, or employees.
<br />TERMINATION:
<br />In the event of a breach by Vendor, Kittitas County reserves the right to cancel and terminate this
<br />purchase agreement forthwith upon giving oral or written notice to Vendor.
<br />The Vendor agrees not to discriminate against any client, employee, or applicant for employment
<br />or services because of race, creed, color, national origin, sex, sexual orientation, marital status,
<br />age or the presence of any sensory, mental or physical handicap with regard to, but not limited to,
<br />the following employment upgrading, demotion, or transfer, recruitment or recruitment advertising,
<br />lay-offs or termination, rates of pay or other forms of compensation, selection for training or
<br />rendition of services.
<br />INSURANCE:
<br />The Vendor shall secure and maintain in effect at all times while providing the goods and
<br />materials, such insurance as will protect the Vendor, its employees, officials and agents from all
<br />claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury
<br />(including death) or property damage that may result from performance of this Agreement,
<br />whether such performance is by the Vendor, its employees, officials and agents.
<br />All insurance shall be issued by companies admitted to do business in the State of
<br />Washington and have a rating of A-, Class VII or better in the most recently published
<br />edition of Best's Reports unless otherwise approved by the County. If an insurer is not
<br />admitted, all insurance policies and procedures for issuing the insurance policies must
<br />comply with Chapter 48.15 RCW and 284-15 WAC.
<br />2023 Crack Sealant Material 4
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