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DISTRIBUTION AGREEMENT <br />This Contract is entered into by KING COUNTY (County) and City of Tukwila (Agency), <br />whose address is 6200 South Center Blvd, Tukwila WA 98188 The County is undertaking <br />certain activities related to the STATE AND LOCAL DOMESTIC PREPAREDNESS <br />EQUIPMENT SUPPORT PROGRAM Project as funded by the U S Department of Justice <br />under Grant Award Number 2000 -TE -CX -003 Under the terms and conditions of Grant <br />Award Number 2000 -TE -CX -003, the County will be distributing specialized emergency <br />response equipment to the City of Tukwila. The distribution of the equipment is subject to the <br />following terms and conditions. <br />1 The Equipment delivered to Agency is as described in the enclosed attachment. <br />2. The Equipment delivered to Agency is accepted "as is" by the Agency with the <br />understanding that King County disclaims all warranties for the delivered equipment. <br />Should the equipment not perform as specified by the vendor, King County will provide <br />all warranty repair information to Agency <br />3 The Agency is responsible for all training related to the proper use, care and <br />maintenance of the delivered equipment. <br />4 The County assumes no responsibility for the use, care or maintenance of the delivered <br />equipment by Agency Agency shall protect, defend, indemnify and save harmless the <br />County, its officers, employees and agents from any and all costs, claims, judgments <br />and/or awards of damages, arising out of or in any way resulting from the negligent acts <br />or omissions of the Agency, its officers, employees, and/or agents. The Agency agrees <br />that its obligations under this subparagraph extend to any claim, demand, and/or cause <br />of action brought by or on behalf of any of its employees, or agents. For this purpose, <br />the Agency, by mutual negotiation, hereby waives, as respects the County 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 County incurs attorney fees <br />and/or costs in the defense of claims, for damages within the scope of this section, such <br />fees and costs shall be recoverable from the Agency In addition County shall be <br />entitled to recover from the Agency, fees, and costs incurred to enforce the provisions of <br />this section. <br />Claims shall include, but not be limited to, assertions that the use or transfer of any <br />software, book, document, report, film, tape, or sound reproduction or material of any <br />kind, delivered hereunder, constitutes an infringement of any copyright, patent, <br />trademark, trade name, and/or otherwise results in unfair trade practice <br />6 <br />