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to claims related to false arrest or detention, alleged mistreatment, alleged violation of civil rights,
<br /> injury, or death of any Contract Agency Inmate, or loss or damage to Contract Agency Inmate
<br /> property while in SCORE custody) that result from or arise out of the acts or omissions of SCORE, its
<br /> elected officials, officers, employees, and agents in connection with or incidental to the
<br /> performance or non-performance of SCORE's services,duties, and obligations under this Agreement.
<br /> The Contract Agency shall hold harmless, defend, and indemnify SCORE, its elected officials, officers,
<br /> employees, and agents from and against any and all suits, actions, claims, liability, damages,
<br /> judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited
<br /> to claims related to false arrest or detention, alleged mistreatment, alleged violation of civil rights,
<br /> injury, or death of any Contract Agency Inmate, or loss or damage to Contract Agency Inmate
<br /> property while in SCORE custody) that result from or arise out of the acts or omissions of the
<br /> Contract Agency, its elected officials, officers, employees, and agents in connection with or
<br /> incidental to the performance or non-performance of the Contract Agency's services, duties, and
<br /> obligations under this Agreement.
<br /> In the event the acts or omissions of the officials, officers, agents, and/or employees of both the
<br /> Contract Agency and SCORE in connection with or incidental to the performance or non-
<br /> performance of the Contract Agency's and or SCORE's services, duties, and obligations under this
<br /> Agreement are the subject of any liability claims by a third party, the Contract Agency and SCORE
<br /> shall each be liable for its proportionate concurrent negligence in any resulting suits, actions, claims,
<br /> liability, damages,judgments, costs and expenses and for their own attorney's fees.
<br /> Nothing contained in this section or this Agreement shall be construed to create a right in any third
<br /> party to indemnification or defense.
<br /> SCORE and the Contract Agency hereby waive, as to each other only, their immunity from suit under
<br /> industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the Parties
<br /> hereto.
<br /> The provisions of this section shall survive any termination or expiration of this Agreement.
<br /> SECTION 17. INSURANCE.
<br /> SCORE and the Contract Agency shall provide each other with evidence of insurance coverage, in the
<br /> form of a certificate or other competent evidence from an insurance provider, insurance pool, or of
<br /> self-insurance sufficient to satisfy the obligations set forth in this Agreement.
<br /> SCORE and the Contract Agency shall each maintain throughout the term of this Agreement
<br /> coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two
<br /> million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive
<br /> general liability, errors and omissions, auto liability and police professional liability. The insurance
<br /> policies shall provide coverage on an occurrence basis.
<br /> Each Party shall provide to the other Party at least 30 days advance notice of any cancellation,
<br /> suspension or material change in coverage.
<br /> SECTION 18.TERMINATION.
<br /> Either Party may terminate this Agreement,with or without cause, by providing the other Party with
<br /> 90 days written notice of termination as provided in RCW 70.48.090.
<br /> South Correctional Entity(SCORE)
<br /> Housing Agreement
<br /> Page 7
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