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LT-2023-015-J U N KTIQU EN <br />a Any failure of Contractor, or of the Services, to comply with any applicable law, ordinance, <br />rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of <br />any governmental authority; or <br />a Any breach of or default under this Agreement by Contractor <br />Section 5.pliance with Public s 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 or City 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 or City shall provide notice <br />to 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 or City specifically shall not be liable to Contractor for the County's or City's <br />release under public records laws of any documents not otherwise exempt from disclosure <br />by trademark, copyright or other law. <br />Section 6. lndustrial Insurance Waiver. <br />With respect to performance of this Agreement and as to any claims against the County or City, their <br />Additional lnsureds, officers, agents and employees, the Contractor expressly waives its immunity under <br />Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Contractor's <br />employees and agrees that the obligations to indemnify, defend and hold harmless provided in this <br />Agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver <br />is mutually negotiated by the parties to this Agreement. <br />Section 7. lnsurance 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 arising <br />out of personal injury (including death) or property damage that may result from performance <br />of the Services or this Agreement, whether such performance is by Contractor or any of its <br />employees, agents or representatives. <br />c. Should the County require such liability insurance, the Contractor agrees to provide proof of <br />insurance prior to commencing performance of this Agreement. <br />a <br />_2023 County Lodging Tax Funding Agreement Page 4