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LT-2O23-O2L-ELLENSBURG RODEO HALL OF FAME <br />a Any breach of or default under this Agreement by Contractor <br />Section 5. Comoliance Public Records Law. <br />a ln compliance with Washington's public records law, the County will retain copies of any <br />documents associated with this Agreement, which may be required by law unless legally <br />exempt from such retention, for any applicable legally required retention period. <br />b. ln the event a public records request is made to the County for documents created in <br />relation to this Agreement, should legal uncertainty arise regarding the disclosability of any <br />documents under federal or state public records laws, the County shall provide notice to <br />Contractor pursuant to Washington's public records act, chapter 42.56 RCW, to allow <br />Contractor to seek a court injunction. <br />c The County specifically shall not be liable to Contractor for the County's release under public <br />records laws of any documents not protected by trademark, copyright or other law. <br />Section 6- lnd lnsurance Waiver. <br />With respect to performance of this Agreement and as to any claims against the County, its Additional <br />lnsureds, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 <br />of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Contractor/s employees <br />and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement <br />extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is <br />mutually negotiated by the parties to this Agreement. <br />Section 7. Insurance and Endorsements <br />The County may require through a request in writing that the Contractor provide the County <br />with a certificate, binder, or policy of liability insurance, acceptable to the County in an <br />amount specified by the County. <br />b. Such liability insurance shall be such as will protect Contractor, its employees, agents and <br />representatives, from all claims, losses, harm, costs, liabilities, damages and expenses <br />arising out of personal injury (including death) or property damage that may result from <br />performance of the Services or this Agreement, whether such performance is by Contractor <br />or any of its employees, agents or representatives. <br />Should the County require such liability insurance, the Contractor agrees to provide proof of <br />insurance prior to commencing performance of this Agreement. <br />d. Copies of the County's written request and the insurance documents provided by Contractor <br />shall be attached to this Agreement and by this reference will be made part hereof. <br />a <br />c <br />2023 County Lodging Tax Funding Agreement Page 4