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LT-2024-024- CLE ELUM DOWNTOWN ASSOCIATION <br />Contractor will be reported to the lnternal Revenue Service at the end of the calendar year in <br />accord with the applicable IRS regulations. <br />Section 4. Release, lndemnitv, and Hold Harmless. <br />The County or City assumes no liability for the Contractor's actions under this Agreement. Contractor <br />releases and shall defend, indemnify, and hold harmless the County and the City, their officers and <br />employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, <br />liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which <br />arise or may arise or be alleged to arise out of or by reason of this Agreement including: <br />Any fault, negligence, strict liability or product liability of Contractor in connection with the <br />Services for this Agreement; <br />Any lien asserted upon any property of the County or City in connection with the Services for <br />this Agreement; <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. Compliance with Public Records Law. <br />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 lnsurance 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 />a <br />a <br />a <br />County Lodging Tox Funding Agreement Poge 4