Issaquah Salmon Days 2017 Agreement The APPLICANT shall indemnify and hold the CHAMBER OF COMMERCE (Festivals Office) and CITY OF ISSAQUAH and its agents, employees and / or officers, harmless from and shall process and defend at its own expense any and all claims, demainds, suits, at law or equity, actions, penalties, loss, damages, or costs, of wahtsoever kind or nature, brought against the CHAMBER OF COMMERCE (Festivals Office) and CITY OF ISSAQUAH arising out of, or in connection wtih, or incident to, the execution of this Agreement and / or APPLICANT'S performance or failure to perform any aspect of this Agreement; provided, however that if such claims are caused by, or result from, the concurrent negligence of the CHAMBER OF COMMERCE (Festivals Office) and CITY OF ISSAQUAH, its agents, employees, and / or officers, this indemnity provisions shall be valid and enforceable only to the extend of the negligence of the APPLICANT; and provided further, that nothing herein shall require the APPLICANT to hold harmless or defend the CHAMBER OF COMMERCE (Festivals Office) and CITY OF ISSAQUAH, its agents, employees, and / or officers for damages or loss caused by the CHAMBER OF COMMERCE (Festivals Office) or CITY OF ISSAQUAH'S sole negligence. The APPLICANT expressly agrees that the indemnification provided herein constitutes the contractor's waiver of immunity under Title 51 R.C.W., for the purposes of this Agreement. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or terminatino of this Agreement.