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DocuSign Envelope ID: 78CDD188-656B-44E9-9F46-9AFBF222884F <br />3.17 INDEMNIFICATION <br />Each party shall defend, protect, and hold harmless the other party from and against all <br />claims, suits, and/or actions arising from any negligent or intentional act or omission of that <br />party's employees, agents, and/or authorized subcontractor(s) while perfoming this Contract. <br />3 .18 INDEPENDENT CAPACITY OF THE CONTRACTOR <br />The parties intend that an independent contractor relationship will be created by this <br />Contract. The Contractor and his or her employees or agents performing under this Contract <br />are not employees or agents of HCA. The Contractor will not hold himself/herself out as or <br />claim to be an officer or employee of HCA or of the State of Washington by reason hereof, <br />nor will the Contractor make any claim of right, privilege or benefit which would accrue to <br />such employee under law. Conduct and control of the work will be solely with the ' <br />Contractor. <br />3.19 INDUSTRIAL INSURANCE COVERAGE <br />Prior to performing work under this Contract, the Contractor shall provide or purchase <br />industrial insurance coverage for the Contractor's employees, as may be required of an <br />"employer" as defined in Title 51 RCW, and shall maintain full compliance with Title 51 RCW <br />during the course of this Contract. Should the Contractor fail to secure industrial insurance <br />coverage or fail to pay premiums, as may be required under Title 51 RCW, HCA may deduct <br />the amount of premiums and any penalties owing from the amount payable to the Contractor <br />under the Contract and transmit the same to the Department of Labor and Industries, <br />Division of Insurance Services. This provision does not waive any right under RCW <br />51.12.050 to collect from the Contractor amounts paid by HCA. <br />3.20 INSURANCE <br />The Contractor shall provide insurance coverage as set out in this section. The intent of the <br />required insurance is to protect the State should there be any claims , suits, actions, costs, <br />damages or expenses arising from any negligent or intentional act or omission of the <br />Contractor or subcontractor, or agents of either, while performing under the terms of this <br />Contract. <br />The Contractor shall provide insurance coverage that shall be maintained in full force and <br />effect during the term of this Contract, as follows : <br />3.20.1 Commercial General Liability Insurance Policy -Provide a Commercial General <br />Liability Insurance Policy, including contractual liability, in adequate quantity to <br />protect against legal liability arising out of contract activity but no less than <br />$1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring <br />that any subcontractors provide adequate insurance coverage for the activities <br />arising out of subcontracts. <br />3.20.2 Business Automobile Liability. In the event that services delivered pursuant to this <br />Contract involve the use of vehicles, either owned, hired, or non-owned by the <br />Contractor, automobile liability insurance shall be required covering the risks of bodily <br />injury (including death) and property damage, including coverage for contractual <br />State of Washington <br />Health Care Authority <br />Page 13 of 42 HCA Contract No. K1407-1