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KITTITAS COUNTY <br />BID PROPOSAL <br />INDEMNIFICATION: <br />The Vendor agrees to and shall defend, indemnify and hold harmless the County, its appointed <br />and elective officers, agents and employees, from and against all loss or expense, including but not <br />limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and <br />demands upon the County, its elected or appointed officials, agents, or employees for damages <br />because of personal or bodily injury, including death at any time resulting therefrom, sustained by <br />any person or persons and on account of damage to property including loss of use thereof, <br />whether such injury to persons or damage to property is due to the negligence or misconduct of the <br />Vendor, its sub -contractors, its elected officers, employees or their agents, while performing <br />Vendor's duties in connection with supplying and delivering the materials to the County, except <br />only such injury or damage as shall have been occasioned by the sole negligence of the County, <br />its appointed or elected officials, agents, or employees. <br />TERMINATION: <br />In the event of a breach by Vendor, Kittitas County reserves the right to cancel and terminate this <br />purchase agreement forthwith upon giving oral or written notice to Vendor. <br />NONDISCRIMINATION: <br />The Vendor agrees not to discriminate against any client, employee, or applicant for employment <br />or services because of race, creed, color, national origin, sex, sexual orientation, marital status, <br />age or the presence of any sensory, mental or physical handicap with regard to, but not limited to, <br />the following employment upgrading, demotion, or transfer, recruitment or recruitment advertising, <br />lay-offs or termination, rates of pay or other forms of compensation, selection for training or <br />rendition of services. <br />PERSONAL LIABILITY: <br />It is agreed by and between the parties hereto that in no event shall any official, officer, <br />employee or agent of the County be in any way liable or responsible for any covenant or <br />agreement herein contained whether express or implied, nor for any statement or representation <br />made herein or in any connection with this agreement. <br />PAYMENT: <br />Invoices will not be processed for payment until receipt of a properly completed invoice or <br />invoiced items are received. <br />IDENTIFICATION: <br />All invoices, packing lists, packages, shipping notices, instruction manuals, and other written <br />documents affecting this order shall contain the applicable purchase order number. <br />Liquid Asphalt Material Bid 2025 Page 4 of 14 <br />