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required under subsection g) of this Section must include a statement that such <br />insurance will apply as primary insurance on behalf such additional insureds. <br /> <br />12. INDEMNIFICATION <br /> <br />The YMCA shall indemnify, defend and hold harmless the City and its officers, <br />employees and agents (each such person, an "indemnitee") against and from any and <br />all claims, actions, damages, liability, costs and expenses, including attorney's fees, <br />arising out of or relating to (a) the YMCA's use of the Camp Patterson Facilities or the <br />YMCA's camp programming or any activity, work, or other things done or permitted by <br />YMCA in or about the Camp Patterson Facilities, (b) any injury to any camper, (c) any <br />breach or default in the performance of any obligation on YMCA's part to be performed <br />under the terms of this Agreement, (d) any act or omission, negligence or willful <br />misconduct of the YMCA, or any officer, agent, employee, guest, camper or invitee of <br />the YMCA, and from all costs, damages, attorneys' fees and liabilities incurred in <br />defense of any such claim in any action or proceeding brought thereon. <br />Nothing herein shall require the YMCA to indemnify and hold harmless an indemnitee <br />from claims, demands, damages, expenses or suits caused solely by the negligence or <br />willful misconduct of such indemnitee. This Section is specifically and expressly <br />intended to constitute a waiver of the YMCA's immunity under Washington's Industrial <br />Insurance Act, RCW Title 51, to the full extent necessary to provide each indemnitee <br />with a full and complete indemnity from claims made by the YMCA and its employees to <br />maximum extent allowed by law. YMCA AND CITY ACKNOWLEDGE THAT THE <br />INDEMNIFICATION PROVISIONS OF THIS SECTION WERE SPECIFICALLY <br />NEGOTIATED AND AGREED UPON BY THEM. <br /> <br />13. BREACH <br /> <br />If either party to this Agreement believes that the other party (the "Breaching Party") has <br />breached this Agreement, it shall give written notice of the breach to the Breaching <br />Party, and the Breaching Party shall, except in the case of a failure to insure, have ten <br />(10) days to cure such breach. If the Breaching Party does not cure the breach within <br />such ten (10) days, the non-breaching party may terminate this Agreement on three (3) <br />days written notice of such termination to the Breaching Party. Such termination shall be <br />cumulative of and in addition to any and all other remedies a party may have at law or in <br />equity. <br /> <br />14. TERMINATION OF CONTRACT <br />The City or the YMCA may terminate this Agreement for any reason, without any liability <br />whatsoever to the other party, effective upon six-months prior written notice to the other <br />party. <br /> <br />In the event of a breach of this Agreement, the non-breaching party may deliver written <br />notice requiring cure of the breach within 14 calendar days. If the breach is not cured <br />within such 14 calendar days, then the non-breaching party may terminate this <br />Agreement effective on written notice to the breaching party.