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DocuSign Envelope ID: 94D165AB-F367-4157-8526-77F15FF93CD8
<br />5) Title VI Requirements, Attachment C
<br />6) Listed Policies and Procedures, Attachment D
<br />21. LIMITATION OF LIABILITY
<br />DOL will not be responsible for any financial and/or material loss to the Agent or any Subagent for
<br />down time of business, equipment, communication lines or DOL operating systems during normal
<br />operating hours. DOL may not be held liable for any errors which occur in compilation of Data, nor
<br />may DOL be held liable for any delays in furnishing amended Data.
<br />22. INDEMNIFICATION AND HOLD HARMLESS
<br />Each Party is responsible for the actions and omissions of itself and its own officers, and
<br />employees acting within the scope of its authority, and shall hold the other party harmless against
<br />all losses, and claims for damages resulting from its own negligent acts and/or omissions, arising
<br />out of or resulting from its performance of this Agreement.
<br />DOL understands that it cannot hold Agent responsible for noncompliance to the extent that such
<br />noncompliance was caused by DOL's failure to first perform its own obligations as stated herein.
<br />The Agent further agrees to indemnify, defend and hold the DOL harmless from damages caused
<br />solely by the acts or omissions of the Agent's Subagents relating to matters associated with this
<br />Agreement; this includes but is not limited to, Safeguarding DOL Information, Ownership/Rights in
<br />Data and Permissible Use sections of this Agreement.
<br />23. INDEPENDENT CAPACITY OF PARTIES
<br />Each party, including its directors, executives, and employees, is a separate and independent
<br />self -governed entity acting under its own authority. For the purpose of this Agreement, Agent is
<br />an independent contractor and employees of Agents, Agent VLRs, Subagent(s) and Subagent
<br />VLRs may not be considered as being employees, contractors, or subcontractors of DOL.
<br />24. LEGAL COMPLIANCE
<br />Agent shall comply with all applicable local, state, and federal laws, rules, and regulations. Such
<br />compliance includes, but is not limited to, all applicable licensing requirements of the state of
<br />Washington, all civil rights and non-discrimination laws, the Americans with Disabilities Act (ADA)
<br />of 1990, and all federal and state employment laws, including Title VI requirements as set forth on
<br />Attachment C. Failure to comply with this provision may be grounds for termination of this
<br />Agreement regardless of any effect such non-compliance may have on the subject matter of this
<br />Agreement.
<br />25. RECORDS MAINTENANCE
<br />Each party shall maintain books, records, documents, and other evidence that fully reflect all
<br />transactions made by them pursuant to this Agreement. This includes records that reflect the receipt,
<br />retention, and disbursement of all fees and taxes, and all costs expended in the performance of the
<br />duties and services herein. This includes, but is not limited to, all banking deposit and withdrawal
<br />slips, reconciliation statements, and other documents whether in paper or electronic form.
<br />Agent shall maintain all records, documents, and other evidence as it relates to the receipt, usage,
<br />and/or maintenance of all supplies, inventory, and equipment provided under this Agreement.
<br />Agent shall maintain records of all other matters concerning compliance with this Agreement, and as
<br />further directed by Policy and Procedure.
<br />Agent shall retain all records in accordance with the state retention schedules, applicable to DOL
<br />WA State Department of Licensing Page 13 of 26 DOL Reference # K6984
<br />Version: January 2020 Agent Agreement County Reference # V01901
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