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ford am age caused by third parties, depending on the facts and circumstances of the incident. <br />{INSERT DEPARTMENT ACRONYM} is not required to reimburse SPONSER for any damages related <br />to normal wear and tear, mechanical failures, or other condition of SPONSER's property at the time <br />of donation. <br />4. Venue and Choice of Law: <br />In the event that any litigation should arise concerning the construction or interpretation of any of <br />the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of <br />the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the <br />Law of the State of Washington. <br />5. Patent/Copyright Infringement: <br />SPONSOR will defend and indemnify {INSERT DEPARTMENT ACRONYM} from any claimed action, <br />cause or demand brought against {INSERT DEPARTMENT ACRONYM}; to the extent such action is <br />based on the claim that information supplied by SPONSOR infringes any patent or copyright. <br />SPONSOR will pay those costs and damages attributable to any such claims that are finally <br />awarded against {INSERT DEPARTMENT ACRONYM} in any action. Such defense and payments are <br />conditioned upon the following: <br />a. SPONSOR shall be notified promptly in writing by {INSERT DEPARTMENT ACRONYM} of any <br />notice of such claim. <br />b. SPONSOR shall have the right, hereunder, at its option and expense, to obtain for {INSERT <br />DEPARTMENT ACRONYM}the right to continue using the information, in the event such <br />claim of infringement is made, provided no reduction in performance or loss results to <br />{INSERT DEPARTMENT ACRONYM}. <br />6. General Disputes: <br />Differences between SPONSOR and {INSERT DEPARTMENT ACRONYM}, arising under and by virtue <br />of the Agreement Documents shall be broughtto the attention of {INSERT DEPARTMENT ACRONYM} <br />at the earliest possible time in order that such matters may be settled or other appropriate action <br />promptlytaken. Except for such objections as are made of record in the manner hereinafter <br />specified and withinthe time limits stated, the records, orders, instructions, and decisions of the <br />Kittitas County Commissioners shall be final and conclusive. <br />7. Confidentiality: <br />SPONSOR, its employees, sub -Contractors, and their employees shall maintain the confidentiality <br />of all information provided by{INSERT DEPARTMENT ACRONYM} or acquired by SPONSOR in <br />performance of this Agreement, except upon the prior written consent of the Kittitas County <br />Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over {INSERT <br />DEPARTMENT ACRONYM}. SPONSOR shall immediately give {INSERT DEPARTMENT ACRONYM} <br />notice of any judicial proceedings seeking disclosure of such information. SPONSOR shall <br />indemnify and hold harmless {INSERT DEPARTMENT ACRONYM}, its Additional Insured's, officials, <br />agents or employees from all loss or expense, including, but not limited to settlements, judgments, <br />setoffs, attorneys' fees, and costs resulting from SPONSOR's breach of this provision. To the extent <br />that any information obtained by SPONSOR is required to be shared with or provided to others by <br />the terms, this provision is not breached by such acts. <br />B. Notice: <br />Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except <br />service of process, notice shall be given by SPONSOR to the department head ({DEPARTMENT <br />NAME} Director) of the department ({INSERT DEPARTMENT ACRONYM}) for whom services are <br />