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This Agreement is entered into pursuant to and under the authority granted by the laws of the state of <br />Washington and any applicable federal laws. The provisions of this Agreement shall be construed to <br />conform to those laws. <br />In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable <br />statute or rule , the inconsistency shall be resolved by giving precedence in the following order: <br />a . Applicable state and federal statutes and rules ; <br />b . Terms and Conditions of this agreement; <br />c. Any Amendment executed under this Contract; <br />d. Any Statement of Work executed under this Contract; and <br />e. Any other provisions of the agreement, including materials incorporated by reference. <br />INCOME <br />Income earned by the AGENCY with respect to the conduct of the Statement of Work (e.g. sale of <br />publications, registration fees, service charges) must be accounted for and income applied to project <br />purposes or used to reduce project costs. <br />INDEMNIFICATION <br />To the fullest extent permitted by law, the AGENCY shall indemnify, defend, and hold harmless state, <br />agencies of state and all officials , agents and employees of state, from and against all claims for injuries <br />or death arising out of or resulting from the performance of the Contract. The AGENCY's obligation to <br />indemnify, defend, and hold harmless includes any claim by the AGENCY's agents, employees, <br />representatives, or any subAGENCY or its employees. <br />The AGENCY expressly agrees to indemnify, defend, and hold harmless the state for any claim arising <br />out of or incident to AGENCY's or any subAGENCY's performance or failure to perform the Contract. <br />The AGENCY waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend <br />and hold harmless state and its agencies, officials, agents or employees . <br />INDEPENDENT CAPACITY <br />The employees or agents of each party who are engaged in the performance of this Agreement shall <br />continue to be employees or agents of that party and shall not be considered for any purpose to be <br />employees or agents of the other party. <br />LICENSING ) AC CREDITAT ION AND REGISTRATION <br />The AGENCY shall comply with all applicable local, state, and federal licensing, accreditation and <br />registration requirements/standards, necessary for the performance of this contract. <br />NONDISCRIMINATION <br />The AGENCY will comply with all Federal statutes and implementing regulations relating to <br />nondiscrimination. These include but are not limited to: <br />1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the <br />basis of race, color or national origin (and 49 CFR Part 21); <br />2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685- <br />1686), which prohibits discrimination on the basis of sex; <br />3 . Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans <br />with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq .), which <br />prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); <br />4 . the Age Discrimination Act of 1975, as amended (42 U .S.C. 6101-6107), which prohibits <br />discrimination on the basis of age;