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Article VI <br />INDEMNIFICATION <br />Section 6. Indemnification Each party agrees to be responsible for the negligent acts or <br />omissions of its own staff. Each party agrees to defend and indemnify the other party and its <br />elected and appointed officials, officers, employees and agents against all claims, losses, <br />damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they <br />arise out of, or result from, the performance of this Contract by the indemnitor or its elected or <br />appointed officials, officers, employees and agents. The indemnitor's duty to defend and <br />indemnify extends to, but is not limited to, claims by the elected or appointed officials, officers, <br />employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor. The <br />indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of <br />Washington solely for the purposes of this provision and acknowledges that this waiver was <br />mutually negotiated. This provision shall survive the expiration or termination of this Contract. <br />Article VII <br />JvlISCELLANEOUS <br />Section 7.1 Existing State Law. This Contract shall not be construed to alter the legal <br />responsibilities of the Contractor or the Department with regard to the legal and fiscal <br />responsibility for confinement, care, and treatment of Department offenders under state law. <br />Section 7.2 Disputes. Disputes between the parties arising out of this Contract may be <br />submitted to arbitration if the parties are unable to resolve them through conference. No <br />disputes may be submitted to arbitration without the consent of both parties. Nothing in this <br />section is intended to limit either party's access to any and all courts of law of this state or <br />country. <br />Section 7.3 Bsu al Em p lo y men t O pp o rt u nity. The parties ascribe to the principles of equal <br />employment opportunity. Neither is responsible for ensuring that the other is in compliance <br />with equal employment statutes or policies. <br />Section 7.4 In valid ity and Severab ility. To the extent that this Contract may be executed <br />and performance of the obligations of the parties may be accomplished within the intent of the <br />Contract, the terms of this Contract are several. Should any term or provision of this Contract be <br />declared invalid or become inoperative for any reason, such invalidity or failure shall not affect <br />the validity of any other term or provision of this Contract. In the event that any provision of <br />this Contract is held invalid, that provision shall be null and void. However, the validity of the <br />remaining provisions of the Contract shall not be affected thereby. <br />Section 7.5 Jurisdiction and Venue. The laws of the State of Washington and the rules and <br />regulations issued pursuant to them shall be applied in the interpretation, execution and <br />State of Washington <br />Department of Corrections <br />K9561 (4) Page 16 of 25 <br />158362