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<br /> 16. USE OF FACILITY AND COMPIANCE WITH LAWS: During the term of this
<br /> Agreement and subject to the provisions of this Agreement, the Facility shall be open to
<br /> the public and operated on a daily fee basis unless otherwise provided and agreed to in
<br /> the Annual Budget and Program. BCG shall keep a log of all play (including any
<br /> complimentary play, gift certificates, and outing play) on the golf course. The log shall
<br /> be subject to review by City. BCG will comply with all applicable federal and state laws
<br /> and City ordinances and with applicable directions, rules, and regulations of public
<br /> officials and departments in the enforcement of City ordinances and with directions, rules
<br /> and regulations from the State of Washington or from the United States with respect to
<br /> any portion of the Facility.
<br /> 17. EQUALITY OF TREATMENT: BCG shall conduct its business in such a manner
<br /> which assures fair, equal and nondiscriminatory treatment at all times and in accordance
<br /> with all applicable,Federal, State and local laws and specifically with regard to:
<br /> B. Treatment of customers in providing merchandise and services under the
<br /> provisions of this Agreement;
<br /> C. Treatment and hiring practices of staff under the provisions of this Agreement;
<br /> and
<br /> D. Selection of sub-consultants, subcontractors and vendors under the provisions of
<br /> this Agreement.
<br /> 18. LIENS AND ENCUMBRANCES: BCG shall keep the Facility free and clear of any
<br /> liens and encumbrances arising or growing out of its use and occupancy of the Facility.
<br /> At the City's request, BCG shall furnish the City written proof of payment of any item,
<br /> which would or might constitute the basis for such a lien on the Facility, if not paid.
<br /> 19. INDEMNIFICATION AND LIABILITY: Except as otherwise provided in this
<br /> Section, BCG hereby agrees to defend and indemnify the City from any and all Claims
<br /> arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by
<br /> BCG (or its officers, employees, agents, representatives subcontractors/sub-consultants)
<br /> relating to this Agreement. BCG's defense and indemnification pursuant to this
<br /> paragraph is not in any way limited to, or by the extent of, insurance obtained by,
<br /> obtainable by, or required of BCG. BCG shall not indemnify the City for Claims caused
<br /> solely by the negligence of the City. If(1) RCW 4.24.115 applies to a particular Claim,
<br /> and (2)the bodily injury or damage to property for which BCG is to indemnify the City is
<br /> caused by or results from the concurrent negligence of (a) the BCG, its officers,
<br /> employees, subcontractors/subconsultants or agents and (b) the City, then BCG's
<br /> indemnification shall be valid and enforceable only to the extent allowed by RCW
<br /> 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the
<br /> City, BCG specifically waives any immunity it may have under the State Industrial
<br /> Insurance Law, Title 51 RCW. BCG recognizes that this waiver of immunity under Title
<br /> 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and
<br /> was the subject of mutual negotiation. As used in this Section: (1) "City" includes the
<br /> City's officers, employees, agents, and representatives and (2) "Claims" include, but is
<br /> not limited to, any and all losses, claims, demands, expenses (including, but not limited
<br /> to, attorney's fees and litigation expenses), suits, judgments, or damage, irrespective of
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