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harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are causcd by the
<br />acts or omissions of the WSDOT, its agents, employees or officers. T,he indemnification and hold harmless
<br />provision shall survive termination of this: AGREEMENT.
<br />13, 'Fhe CONTRACTOR shall be deemed an independent contractor or all purposes, and the employees ci,f
<br />the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to
<br />be the employees of WSDOT,
<br />C, The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's
<br />employees and/or subcontractors and solely for the purposes of this ind,emnification and defense, the
<br />CONTRACTOR, specifically waives any immunity tinder the State ,industrial Insurance Law, Tide 51
<br />Revised Code of Washington,
<br />D, In the event either the. CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses
<br />to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs
<br />and expenses shall be 'recoverable by the prevaili,ng ,PARI7V.
<br />Section 17
<br />Governing Law, Venue, and Process
<br />This AGREEMENT shall be construed and .enforced, in accordance with, and the validity and performance
<br />thereof shall be governed by the laws of the State of Washington. In the event that either PARTY deems it
<br />necessary to institute legal action or proceedings to entOrce any right, or obligation under this AGREEMENT,
<br />the PARTIES heretoagree that anysuch action Shall be initiated in the Superior Court of the State of
<br />Washington situated in Thurston County,.
<br />Section ,18
<br />Compliance 'with, Laws and Regulations
<br />The CONTRACTOR, agrees to abide by all applicable State laws and regulations, including, but not limited,
<br />to those concerning employment, equal opportunity employment, nondiscrimination assurances, Project
<br />record keeping necessary to evidence AGREEMENT compliance, and retention of all such records. The
<br />CONTRACTOR. will adhere to all of thenondiscrimination provisions ,in Chapter 49.60 RCW, The
<br />CONTRACTOR„ will also comply with the Americans with Disabilities ,Aet of 1990 (ADA), Public Law
<br />101-336, including any amendments thereto which provides comprehensive civil rights protection to
<br />individuals will i disabilities in the areas of employment public accommodations, state and ,local government
<br />services and telecommunication.
<br />Section 19
<br />Severability
<br />If any covenant or provision of this ,AGREEMENT shall be adjudged void, such adjudication shall not affect,
<br />the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is
<br />valid, if such remainder conforms to the terms and requirements of applicable law and the intent of this
<br />AGREEMENT No controversy concerning any covenant or provision shall delay the performance of any
<br />other covenant or provision except as herein allowed,
<br />Section 20
<br />Counterparts
<br />This AGREEMENT may he executed in several counterparts„ each of which shall be deemed to be an original
<br />having identical legal effect The CONTRACTOR does hereby ratify and adopt all statements,
<br />representations, warranties, covenants, and agreements and their supporting materials contained andJor
<br />mentioned in such executed counterpart, and does hereby accept State Funds and agrees to all of the terms
<br />and conditions thereof,
<br />Section 21.
<br />Execution
<br />This AGREEMENT is executed by the Director of the ,Public Transportation Division, State of Washington,
<br />Department of Transportation, or the Director's designee, not as an individual incurring personal obligation
<br />and liability, but solely by, for, and on 'behalf of the State of Washington, Department of Transportation„ in
<br />his/her capacity as Director of the Public Transportation Division.
<br />Section 22
<br />Binding Agreement
<br />Thc. lindersigned acknowledges that they a,re authorized to execute the AGREEMENT and bind their
<br />respective agency(es) and/or entity( es) to the obligations set forth herein,
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