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6.3 If South Cle Elum has or enacts a municipal code provision pertaining to
<br />animal control that is substantially identical to either the Revised Code of
<br />Washington or Kittitas County Code and that leads or requires the Sheriff's
<br />Office to impound animals, South Cle Elum shall be responsible to supply or
<br />contract for access to appropriate impound. Such contract for animal impound
<br />and care shall be in effect prior to Sheriff's personnel engaging in enforcement
<br />of such a code provision. South Cle Elum shall be solely responsible for the
<br />costs of supplying or contracting for such facilities and for all expenses related
<br />to the care of impounded animals.
<br />7. INDEMNIFICATION AND INSURANCE REQUIREMENTS
<br />7.1 Kittitas County shall defend, indemnify, and hold South Cle Elum, and its
<br />officers, officials, employees, agents, and volunteers, harmless from any and all
<br />claims, injuries, damages, losses or suits, including all legal and attorneys' fees,
<br />arising out of or in connection with the performance of this Agreement, except
<br />for injuries or damages caused by the sole negligence of South Cle Elum,
<br />including but not limited to any item listed in Section 7.2.
<br />7.2 If a claim or suit is brought against Kittitas County or South Cle Elum, the
<br />basis of which is the enforcement of an allegedly unconstitutional or unlawful
<br />ordinance of South Cle Elum, South Cle Elum shall defend, indemnify, and
<br />hold Kittitas County, its officers, officials, employees, agents and volunteers,
<br />harmless from any and all claims, injuries, damages, losses or suits, including
<br />all legal costs and attorneys' fees incurred in relation therewith. In executing
<br />this Agreement, the County does not assume liability or responsibility for or in
<br />any way release South Cle Elum from any liability or responsibility that arises
<br />in whole or in part from the existence or effect of South Cle Elum ordinances,
<br />rules, or regulations. In any cause, claim, suit, action or administrative
<br />proceeding in which the enforceability and/or validity of any such South Cle
<br />Elum ordinance, rule or regulation is at issue, South Cle Elum shall defend on
<br />that issue at its sole expense, and if judgment is entered or damages are
<br />awarded against South Cle Elum, the County, or both, on that issue, South Cle
<br />Elum shall satisfy the same, including all chargeable costs and attorney's fees,
<br />attributable to the existences or effect of a South Cle Elum ordinance, rule or
<br />regulation. In any such cause, claim, suit, or action, each party shall otherwise
<br />remain responsible for its own acts or omissions, as well as those of its elected
<br />and appointed officials, officers, employees and agents,
<br />7.3 It is specifically and expressly understood that the indemnification provided
<br />herein constitutes Kittitas County's waiver of immunity under Industrial
<br />Insurance, Title 51 RCW, solely for the purposes of this indemnification. The
<br />Parties further acknowledge that they have mutually negotiated this waiver.
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