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County pursuant to Washington's public records act, chapter 42.56 RCW, to allow the <br />County to seek a court injunction. <br />c. The City specifically shall not be liable to the County for the City's release under public <br />records laws of any documents not protected by trademark, copyright or other law. <br />Section 6. Industrial Insurance Waiver. <br />With respect to performance of this Agreement and as to any claims against the City, its <br />Additional Insureds, officers, agents and employees, the County expressly waives its immunity <br />under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to <br />the County's employees and agrees that the obligations to indemnify, defend and hold harmless <br />provided in this Agreement extend to any claim brought by or on behalf of any employee of the <br />County. This waiver is mutually negotiated by the parties to this Agreement. <br />Section 7. Insurance and Endorsements. <br />a. The City requires that the County maintain liability insurance which will protect the <br />County, its employees, agents and representatives, from all claims, losses, harm, costs, <br />liabilities, damages and expenses arising out of personal injury (including death) or property <br />damage that may result from performance of the Services or this Agreement, whether such <br />performance is by the County or any of its employees, agents or representatives. <br />b. The County agrees to provide proof of insurance prior to commencing performance of this <br />Agreement. <br />c. Copies of the insurance documents provided by the County shall be attached to this <br />Agreement and by this reference will be made part hereof. <br />d. Where insurance secured by the County is through a self-insurance pool, it is understood <br />the City may not be named additional insured. Should the County purchase any policy that <br />is separate from their pooled coverage, the County's insurance policies shall be endorsed to <br />include the City as an Additional Insured and shall stipulate that the insurance afforded by <br />the policies shall be primary insurance. Any insurance premiums, self -insured retention, <br />deductibles, or risk retention trusts maintained or participated in by the County shall be the <br />responsibility of the County. Any insurance, self-insurance, or self -insured pool coverage <br />maintained by the City shall be excess of the County's insurance and shall not contribute <br />with it. The County shall furnish the City with a certificate of insurance with Endorsement as <br />evidence that the required policies are in full force and effect. <br />Section B. Termination <br />a. The City may, by providing sixty (60) days' advance written notice to the County, <br />terminate this Agreement as to any portion of the lodging tax funding not yet disbursed. <br />b. The County shall not be obligated to refund any previously disbursed reimbursement <br />funds to the City for work already completed, materials delivered, or outstanding general <br />contractor invoices that the County is legally bound to pay under Washington public works <br />laws. <br />