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Flood Agreement No. G1300118 between the
<br />Washington State Department of Ecology and the
<br />King County Flood Control Zone District
<br />Project: Briscoe / Desimone Levee Improvements
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<br />Special Terms and Conditions
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<br />AGREEMENT PROVISIONS
<br />1. Compliance with all Laws: The Recipient shall comply fully with all applicable federal,
<br />state and local laws, orders, regulations and permits.
<br />2. Restrictions on Lobbying: The Recipient of this agreement is prohibited from using
<br />funds provided by this agreement for lobbying purposes in accordance with the
<br />Administrative Requirements for Ecology Grants and Loans, Publication No. 91 -18,
<br />current edition, Part III, Section G.
<br />3. Local Decision: This grant is made in response to a request for financial assistance
<br />from the Recipient to undertake flood damage prevention projects. The choice of
<br />floodplain management activities addressed by this grant is a local decision made
<br />solely by the Recipient. The Recipient is not acting as an agent of the State.
<br />4. Lawsuits: The Department shall not be responsible for any non - contractual damage or
<br />inverse condemnation claims resulting from the structures or works constructed, repaired,
<br />restored, maintained, or improved pursuant to this grant.
<br />5. Indemnification, Hold Harmless and Duty to Defend
<br />a. The Department shall in no way be held responsible for payment of salaries,
<br />consultant's fees, and other costs related to the project described herein, except as
<br />provided in the scope of work.
<br />b. This paragraph applies to negligence based claims only. All other claims are
<br />governed by paragraph 4 of this section. To the extent the constitution and laws of
<br />the State of Washington permit, Recipient shall indemnify, defend and hold
<br />harmless the State, its agencies, officers and employees, from all claims, suits or
<br />actions brought for any or all injuries to persons or property arising from, or as a
<br />consequence of, negligent acts or omissions related to the construction, restoration,
<br />repair, maintenance, improvement or operation of the structures or works for which
<br />this grant is provided. If the structures or works for which this grant is received are
<br />a portion of an integrated flood protection system, Recipient agrees to indemnify,
<br />defend and hold harmless the State of Washington, its agencies, employees, and
<br />officers against any and all liability arising out of the operation, maintenance, or
<br />repair of that integrated flood protection system; PROVIDED, however, that this
<br />provision is not intended to and shall not be construed as a waiver by Recipient of
<br />any immunities conferred upon the Recipient by RCW 86.12.037 nor is it intended
<br />to, and it shall not be construed to, confer any rights upon third parties.
<br />The Recipient will not be required to indemnify, defend, or save harmless the State,
<br />its agencies, officers or employees as provided in the preceding paragraph of this
<br />section if the claim, suit, or action for injuries, death, or damages is caused by the
<br />sole negligence of the State. Where such claims, suits, or actions result from the
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