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5. Changes. No changes or additions shall be made in this Agreement except as <br /> agreed to by both parties,reduced to writing and executed with the same formalities as are required <br /> for the execution of this Agreement. <br /> 6. County Contact Person. The assigned contact person (or project manager) for the <br /> County for this Agreement shall be: <br /> Name: Trudy Soriano <br /> Title: Tourism Promotion Area Coordinator <br /> Department: Executive Office <br /> Telephone: (425) 388-6603 <br /> Email: Trudy.Soriano@snoco.org <br /> 7. County Review and Approval. If Contractor's Project includes the production of <br /> promotional materials, Contractor shall provide the County an advance copy of said promotional <br /> materials. If the content of the promotional material is objectionable to the County,the County, in <br /> its sole discretion, may determine whether to reimburse Contractor for the associated expenses. <br /> 8. Records and Access;Audit;Ineligible Expenditures. The Contractor shall maintain <br /> adequate records to support its invoices of reimbursable expenses. Said records shall be <br /> maintained for a period of seven (7) years after completion of this Agreement by the Contractor. <br /> The County or any of its duly authorized representatives shall have access at reasonable times to <br /> any books, documents, papers and records of the Contractor that are directly related to this <br /> Agreement for the purposes of making audit examinations, obtaining excerpts, transcripts or <br /> copies, and ensuring compliance by the County with applicable laws. Expenditures under this <br /> Agreement, which are determined by audit to be ineligible for reimbursement and for which <br /> payment has been made to the Contractor, shall be refunded to the County by the Contractor. <br /> 9. Indemnification. To the maximum extent permitted by law the Contractor shall <br /> indemnify and hold harmless the County its officers, officials, agents and employees, from and <br /> against any and all suits, claims, actions, losses, costs,penalties and damages of whatsoever kind <br /> or nature arising out of,in connection with,or incidental to the Project. In addition,the Contractor <br /> shall assume the defense of the County its officers and employees in all legal or claim proceedings <br /> arising out of, in connection with, or incidental to the Project and shall pay all defense expenses, <br /> including reasonable attorneys' fees, expert fees and costs incurred by the County on account of <br /> such litigation or claims. <br /> The above indemnification obligations shall include, but are not limited to, all claims <br /> against the County and, if applicable, the State by an employee or former employee of the <br /> Contractor or its subcontractors, and the Contractor, by mutual negotiation, expressly waives all <br /> immunity and limitation on liability,as respects only the County and,if applicable,the State,under <br /> any industrial insurance act, including Title 51 RCW, other worker's compensation act, disability <br /> benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable <br /> in the case of such claim. <br /> HOTEL-MOTEL TAX FUND AGREEMENT <br /> WITH CITY OF EVERETT Page 4 of 13 <br />