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or omissions of the County, its officers, employees, or agents. The County agrees that
<br /> its obligations under this subparagraph extend to any claim, demand, and/or cause of
<br /> action brought by, or on behalf of, any of its employees or agents. For this purpose, the
<br /> County, by mutual negotiation, hereby waives, as respects the Subrecipient only, any
<br /> immunity that would otherwise be available against such claims under the Industrial
<br /> Insurance provisions of Title 51 RCW. In the event the Subrecipient incurs any
<br /> judgment, award, and/or cost arising therefrom including attorneys'fees to enforce the
<br /> provisions of this article, all such fees, expenses, and costs shall be recoverable from
<br /> the County.
<br /> E. Claims shall include, but not be limited to, assertions that use or transfer of software,
<br /> book, document, report, film, tape, or sound reproduction or material of any kind,
<br /> delivered hereunder, constitutes an infringement of any copyright, patent, trademark,
<br /> trade name, and/or otherwise results in unfair trade practice.
<br /> F. Nothing contained within this provision shall affect and/or alter the application of any
<br /> other provision contained within this Agreement.
<br /> G. The indemnification, protection, defense and hold harmless obligations contained
<br /> herein shall survive the expiration, abandonment or termination of this Agreement.
<br /> XXIII. INSURANCE REQUIREMENTS
<br /> A. By the date of execution of this Agreement, the Subrecipient shall procure and maintain
<br /> for the duration of this Agreement, insurance against claims for injuries to persons or
<br /> damages to property which may arise from, or in connection with, the performance of
<br /> work hereunder by the Subrecipient, its agents, representatives, and/or employees.
<br /> The costs of such insurance shall be paid by the Subrecipient. The Subrecipient is
<br /> responsible for ensuring compliance with all of the insurance requirements stated
<br /> herein. Failure by the Subrecipient, its agents, employees, and/or officers, to comply
<br /> with the insurance requirements stated herein shall constitute a material breach of this
<br /> Agreement.
<br /> For All Coverages: Each insurance policy shall be written on an "occurrence"form;
<br /> except that insurance on a "claims made"form may be acceptable with prior County
<br /> approval.
<br /> If coverage is approved and purchased on a"claims made"basis,the Subrecipient
<br /> warrants continuation of coverage, either through policy renewals or the purchase of an
<br /> extended discovery period, if such extended coverage is available,for not less than
<br /> three years from the date of Agreement termination, and/or conversion from a"claims
<br /> made"form to an"occurrence" coverage form.
<br /> By requiring such minimum insurance, the County shall not be deemed or construed to
<br /> have assessed the risks that may be applicable to the Subrecipient under this
<br /> Agreement. The Subrecipient shall assess its own risks and, if it deems appropriate
<br /> and/or prudent, maintain greater limits and/or broader coverage.
<br /> Nothing contained within these insurance requirements shall be deemed to limit the
<br /> scope, application and/or limits of the coverage afforded by said policies, which
<br /> coverage will apply to each insured to the full extent provided by the terms and
<br /> conditions of the policy/policies. Nothing contained within this provision shall affect
<br /> and/or alter the application of any other provision contained within this Agreement.
<br /> B. Minimum Scope of Insurance
<br /> Subrecipient Agreement#FFY16-CCTA-Everett FD Page 14 of 20
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