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action brought to enforce contract terms, each party agrees to bear its own attorney fees and <br />costs. <br />In the event of an inconsistency in the terms of this Agreement, or between its terms and any <br />applicable statute or rule, the inconsistency shall be resolved by giving precedence in the <br />following order: <br />a. Applicable state and federal statutes and rules; <br />b. Statement of work; and <br />c. Any other provisions of the agreement, including materials incorporated by reference. <br />CONTRACTING FOR SERVICES <br />Contracts for personal services, purchased services/goods, and public works shall be <br />awarded through a competitive process, if required by State law. The COUNTY shall <br />retain copies of all bids received and contracts awarded, for inspection and use by the <br />COMMISSION. Retention of copies shall be consistent with time periods established <br />herein. <br />INDEMNIFICATION <br />The COMMISSION shall in no way be held responsible for payment of salaries, consultant <br />fees, and other costs related to the project described herein, except as provided in the Scope <br />of Work. <br />To the fullest extent permitted by law, the COUNTY shall indemnify, defend and hold <br />harmless the State of Washington, agencies of the State and all officials, agents and <br />employees of the State, from and against all claims for injuries or death arising out of or <br />resulting from the performance of the contract. The COUNTY'S obligation to indemnify, <br />defend, and hold harmless includes any claim by the COUNTY'S agents, employees, <br />representatives, or any subcontractor or a subcontractor's employees. <br />The COUNTY expressly agrees to indemnify, defend, and hold harmless the State of <br />Washington and the Commission for any claim arising out of or incident to the COUNTY'S or <br />any subcontractor's performance or failure to perform the contract. The COUNTY'S <br />obligation to indemnify, defend, and hold harmless the State of Washington and the <br />Commission shall not be eliminated or reduced by any actual or alleged concurrent <br />negligence of the State or its agents, agencies, employees and officials. <br />The COUNTY waives its immunity under Title 51 RCW (Industrial Insurance) to the extent it <br />is required to indemnify, defend and hold harmless State and its agencies, officials, agents or <br />employees. <br />RECOVERY OF PAYMENTS <br />In the event the COUNTY fails, for any reason, to perform obligations required of it by this <br />contract, the COUNTY may, at the COMMISSION'S sole discretion, be required to repay <br />to the COMMISSION all or a portion of grant funds disbursed to the COUNTY for those <br />parts of the project that are rendered worthless in the opinion of the COMMISSION by <br />such failure to perform. <br />In the event that the COUNTY fails to expend funds under this contract in accordance with <br />state laws and/or the provisions of this contract, the COMMISSION reserves the right to <br />VSP Contract Between the WSCC and County - Page 8 of 10 <br />