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d. The parties agree that this dispute process shall precede any action in a judicial or quasi- <br />judicial tribunal. <br />Nothing in this contract shall be construed to limit the parties' choice of a mutually acceptable <br />alternate dispute resolution method in addition to the dispute resolution procedure outlined <br />above. <br />15. DUPTICATE PAYMENT <br />The AGENCY shall not pay the CONTRACTOR, if the CONTRACTOR has charged or will charge the <br />State of Washington or any other party under any other contract or agreement, for the same <br />services or expenses. <br />16. CONTRACTORCERTIFICATIONREGARDINGETHICS <br />By signing this Agreement, the CONTRACTOR certifies that it is in compliance with Chapter +2.23 <br />RCW and shall comply with Chapter 42.23 RCW throughout the term of this agreement. <br />T7. GOVERNING LAW <br />This contract shall be construed and interpreted in accordance with the laws of the State of <br />Washington, and the venue of any action brought hereunder shall be in the Superior Court for <br />Thurston County. <br />18. INDEMNIFICATION <br />To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless <br />State, agencies of State and all officials, agents and employees of State, from and against all <br />claims for injuries or death arising out of or resulting from the performance of the contract. <br />"Claim," as used in this contract, means any financial loss, claim, suit, action, damage, or <br />expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, <br />disease, or death, or injury to or destruction of tangible property including loss of use resulting <br />therefrom. <br />CONTRACTOR'S obligations to indemnify, defend, and hold harmless includes any claim by <br />CONTRACTORS' agents, employees, representatives, or any subcontractor or its employees. <br />CONTRACTOR expressly agrees to indemnifli, defend, and hold harmless the State for any claim <br />arising out of or incident to CONTRACTOR'S or any subcontractor's performance or failure to <br />perform the contract. CONTRACTOR'S obligation to indemnify, defend, and hold harmless the <br />State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State <br />or its agents, agencies, employees and officials. <br />CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to indemnify, <br />defend and hold harmless State and its agencies, officials, agents or employees. <br />OFM CONTRACT NO. K3012 Page 1-0 of 21