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HH-2023-002-KVMA-CWS
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<br />Homeless Housing Grant Agreement
<br />Revised 9/13/2023 Page 6 of 10
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<br />contributing with any other insurance maintained by Kittitas County with respect
<br />to any insurance or self -insurance programs covering the County, its elected and
<br />appointed officers, officials, employees, agents and representatives.
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<br />H. Any failure to comply with reporting provisions of the policies will not affect
<br />coverage provided to the County, its officers, officials, employees, agents or
<br />representatives.
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<br />I. The Recipient's insurance will apply separately to each insured against whom claim
<br />is made or suit is brought, subject to the limits of the insurer's liability. The
<br />Recipient will include all subcontractors as insurers under its policies or will furnish
<br />separate certificates and endorsements for each subcontractor. All coverage for
<br />subcontractors will be subject to all of the requirements stated in these provisions.
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<br />ARTICLE VII – INDEMNIFICATION
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<br />Section 7.1 Indemnification. To the fullest extent permitted by law, the Recipient shall
<br />indemnify, defend and hold harmless the County, the Committee and the BOCC, and all
<br />County officials, officers, employees , agents and each of them, from and against all claims
<br />in any way resulting from or arising out of the performance of this Agreement, whether such
<br />claims arise from the actual or alleged acts, errors or omissions of the Recipient, its
<br />subcontractors, third parties, the County, the Committee or the BOCC, or anyone directly
<br />or indirectly employed or supervised by any of them or anyone for whose acts, errors or
<br />omissions any of them may be liable. "Claim" means any loss, claim, suit, action, liability,
<br />damage or expense of any kind or nature whatsoever, including but not limited to attorneys'
<br />fees and costs, attributable to personal or bodily injury, sickness, disease or death, or to
<br />injury to or destruction of property, including the loss of use resulting therefrom.
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<br />Section 7.2 Recipient’s Duty to Indemnify. The Recipient's duty to indemnify, defend
<br />and hold harmless includes but is not limited to claims by th e Recipients or any
<br />subcontractor’s officers, employees or agents. The Recipient's duty, however, does not
<br />extend to claims arising from the sole negligence or willful misconduct of the County, the
<br />Committee or the BOCC, or of the officials, officers, employees, agents or representatives
<br />of the County, the Committee or the BOCC.
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<br />Section 7.3 Waiver of RCW Title 51 Immunity. Solely for purposes of this
<br />indemnification provision, the Recipient expressly waives its immunity under Title 51 RCW
<br />and acknowledges that this waiver was mutually negotiated by the parties. The Recipient’s
<br />duty to indemnify, defend and hold harmless shall survive termination of this Agreement.
<br />ARTICLE VIII—NONDISCRIMINATION AND LEGAL COMPLIANCE
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