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Kittitas County Agreement for Services (rev. 5/14/25) <br />Page 9 of 19 <br /> <br />9.1 and against any and all claims, damages, losses and expenses, including but not limited <br />to court costs, attorney's fees and alternative dispute resolution costs, for any personal or bodily injury, <br />sickness, disease or death, for any damage to or destruction of any property (including the loss of use <br />resulting therefrom), and for any other claims, damages, losses, and expenses sustained by the County, <br />which (1) are caused in whole or in part by any act or omission, negligent or otherwise, of Contractor, <br />its employees, agents or volunteers, or Contractor’s subcontractors, their employees, agents or <br />volunteers; or (2) are directly or indirectly arising out of, resulting from, or otherwise connected with the <br />performance of this Agreement; or (3) are based upon Contractor’s or its subcontractors’ use of, <br />presence upon or proximity to the property of the County. <br />In the event of the concurrent negligence of the Contractor, its subcontractors, employees or <br />agents, and the County, its employees or agents, this indemnification and defense obligation of <br />the Contractor shall be valid and enforceable only to the extent of the negligence of the <br />Contractor, its subcontractors, employees and agents.”