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(d) Licensee shall provide to County a certified copy of the insurance policy(ies) with all <br />endorsements, and certificate(s) of insurance, as evidence of coverage. If insurance <br />documentation does not meet with the County's approval, and Licensee does not take such <br />necessary steps to correct any deficiencies identified by the County within a reasonable time <br />frame as determined in the County's sole discretion, this agreement shall have no further effect <br />and shall be considered null and void. <br />(e) If the cost to Licensee of insurance necessary to comply with (a) through (d) of this <br />section increases after the 2026 Fair in an amount that could not reasonably have been <br />anticipated by Licensee upon execution of this agreement, and said increase results in insurance <br />premium costs that are at least 15% higher than in the previous year, Licensee may request, by <br />'March 1 of each Fair year, that the County enter into negotiations with Licensee, for a cost or <br />payment concession from County to help offset the higher insurance premium costs to Licensee. <br />7.8 Governint Law and Stipulation of Venue. The laws of the State of Washington shall govern <br />this agreement and the parties stipulate that any lawsuit regarding this agreement must be <br />brought in Kittitas County, Washington. <br />7.9 Attorney's Fees. The non -prevailing party agrees to pay reasonable attorney fees and costs <br />to the prevailing parry in the event it is necessary to commence any legal action, suit or <br />proceeding against the other party by reason of any breach of this agreement. <br />7.10 Indemnification for Damage to Coun . The Licensee agrees to indemnify the County for <br />any and all damage caused by its negligence to the County's property. <br />To the fullest extent permitted by law, the Licensee agrees to indemnify, defend and hold <br />the County and its departments, elected and appointed officials, employees, agents and <br />volunteers, harmless from and against any and all claims, damages, losses and expenses, <br />including but not limited to court costs, attorney's fees and alternative dispute resolution costs, <br />for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or <br />destruction of any property (including the loss of use resulting therefrom) which 1) are caused in <br />whole or in part by any action or omission, negligent or otherwise, of the Licensee, its <br />employees, agents or volunteers or Licensee's subcontractors and their employees, <br />agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in <br />connection with performance of this Contract; or 3) are based upon the Licensee's or its <br />subcontractors' use of, presence upon or proximity to the property of the County. This <br />indemnification obligation of the Licensee shall not apply in the limited circumstance <br />where the claim, damage, loss or expense is caused by the sole negligence of the County. <br />This indemnification obligation of the Licensee shall not be limited in any way by the <br />Washington State Industrial Insurance Action RCW Title 51, or by application of any other <br />workmen's compensation act, disability benefit act or other employee benefit act, and the <br />Licensee hereby expressly waives any immunity afforded by such acts. The foregoing <br />indemnification obligations of the Licensee are a material inducement to County to <br />enter into the Contract, are reflected in the Licensee's compensation, and have been <br />C�-Ikj 1. 1 <br />