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applicable nondiscrimination provisions in chapter 49.60 RCW Except when a federal statute or
<br />regulation preempts state or local law, no provision of the AGREEMENT shall require the RpTO
<br />to observe or enforce compliance with any provision, perform any other act, or do any other thing
<br />in contravention of state or local law. lf any provision or compliance with any provision of this
<br />AGREEMENT violate state or local law, or would require the RPTO to violate state or local law,
<br />the RPTO agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the
<br />RPTO agree to make appropriate arrangements to proceed with or, if necessary, expeditiously,
<br />terminate the AGREEMENT.
<br />16 Venue and Process
<br />16.1 ln the event that either PARTY deems it necessary to institute legal action or proceedings to
<br />enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such
<br />action shall be initiated in the Superior Court of the State of Washington situated in Thurston
<br />County. The PARTIES agree that the laws of the State of Washington shall apply.
<br />17 Legal Relations
<br />17.1 Each Party to this Agreement will protect, defend, indemnify, and save harmless the other party,
<br />its officers, officials, employees, and agents, while acting within the scope of their employment as
<br />such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and
<br />propedy), arising out of, or in any way resulting from, each Party's negligent acts or omissions
<br />with respect to the provisions of this Agreement. Neither Party will be required to indemnify,
<br />defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or
<br />damages (both to persons and property) is caused by the sole negligence of the other Party.
<br />Where such claims, suits, or actions result from the concunent negligence of the Parties, their
<br />agents, officials or employees, and/or involve those actions covered by RCW 4.24.115, the
<br />indemnity provisions provided herein will be valid and enforceable only to the extent of the
<br />negligence of the indemnifying Party, its agents, officials or employees.
<br />17.2 Furilher, the RTPO specifically assumes potential liability for actions brought by RTPO's own
<br />employees or agents against the STATE and, solely for the purpose of this indemnification and
<br />defense, the RTPO specifically waives any immunity under State industrial insurance laws, Tile
<br />51 RCW. The provisions of this Section shall survive the termination of this Agreement.
<br />{8 lndependent Gontractor
<br />18.1 The RTPO shall be deemed an independent contractor for all purposes and the employees of the
<br />RTPO or any of its contractors, subcontractors and the employees thereof, shall not in any
<br />manner be deemed to be employees of the STATE,
<br />19 Liability
<br />19.1 No liability shall attach to the STATE by reasons of entering this Agreement except as expressly
<br />provided herein.
<br />20 Severability
<br />2O.1 lf any covenant or provision in this Agreement shall be adjudged void, such adjudication shall nol
<br />affect the validity, obligation, or performance of any other covenant or provision which in itself is
<br />valid, if such remainder would then continue to conform to the terms and requirements of
<br />applicable law and this Agreement.
<br />WSDOT Agreement #GCB 3521 Page 7 of 8
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