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while performing under the terms of this contract. During the term of this agreement or
<br />extensions thereof any attorney providing services under this contract shall secure and maintain
<br />at her own expense a policy of comprehensive professional liability insurance with an insurance
<br />company licensed to do business in the State of Washington. The Contracting Attomey shall
<br />instruct the insurers to give County 30-days advance notice of any insurance cancellation. Said
<br />policy shall have limits of not less than $1,000,000 per occurence and $2,000,000 annual,
<br />aggregate limit. Kittitas County shall be endorsed as an additional insured and the Contracting
<br />Attorney shall provide proof of insurance satisfactory to the county under this paragraph prior to
<br />execution of this agreement.
<br />8. Indemnification.
<br />8.1 To the fullest extent permitted by law, the Contracting Attomey agrees to indemnifu, defend
<br />and hold the County and its departments, elected and appointed officials, employees, agents
<br />and 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
<br />costs, for any personal or bodily injury, sickness, disease or death, for any damage to or
<br />destruction of any property (including the loss of use resulting therefrom), and for any other
<br />claims, damages, losses, and expenses sustained by the County, which (1) are caused in
<br />whole or in part by any act or omission, negligent or otherwise, of the Contracting Attomey,
<br />its employees, agents or volunteers, or the Contracting Attorney's subcontractors, their
<br />employees, agents or volunteers; or (2) are directly or indirectly arising out of, resulting
<br />from, or otherwise connected with the performance of this Agreement; or (3) are based upon
<br />the Contracting Attorney's or its subcontractors' use of, presence upon or proximity to the
<br />property of the County. This indemnification obligation of the Contracting Attorney shall not
<br />apply in limited circumstances where the claim, damage, loss or expense is caused by the
<br />sole negligence of the County. This indemnification obligation of the Contracting Attorney
<br />shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title
<br />51, or by application of any other workmen's compensation act, disability benefit act or other
<br />employee benefit act, and Contractor hereby expressly waives any immunity afforded by
<br />such acts. The foregoing indemnification obligations of the Contracting Attorney are a
<br />material inducement to the County to enter into this Agreement, are reflected in the
<br />Contracting Attorney's compensation, and have been mutually negotiated by the
<br />parties.
<br />8.2 The County reserves the right, but not the obligation, to participate in the defense of any
<br />claim for damages, losses or expenses, and such participation shall not constitute a waiver of
<br />the Contracting Attorney's indemnity obligations contained in any section of this Agreement.
<br />8.3 In the event the Contracting Attorney enters into subcontracts to the extent allowed under this
<br />Agreement, each such subcontractor shall indemnify the County on a basis equal to or
<br />exceeding the Contracting Attomey's indemnity obligations to the County.
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