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Agreement. The Parties shall not be required to indemnify, defend, or hold harmless the other Party if <br />the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by <br />the negligence of the other Party; provided that, if such claims, suits, or actions result from the <br />concurrent negligence of (a) the WSDOT, its employees and/or authorized agents and (b) the ENTITY, <br />its employees or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity <br />provisions provided herein shall be valid and enforceable only to the extent of the negligence of each <br />Party, its employees and/or authorized agents. The Parties agree that their obligations under this <br />section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of their <br />officers, officials, employees or agents. For this purpose only, the Parties, by mutual negotiation, <br />hereby waive, with respect to each other only, any immunity that would otherwise be available against <br />such claims under the Industrial Insurance provisions of Title 51 RCW. <br />9.2 The terms of this Section shall survive termination of this Agreement. <br />10. LEGAL RELATIONS <br />10.1 WSDOT's relation to the ENTITY shall be at all times as an independent contractor. Further, <br />WSDOT shall perform the Work as provided under this Agreement solely for the benefit of the ENTITY <br />and not for any third party. <br />11. SEVERABILITY <br />11.1 If any terms or provisions of this Agreement are determined to be invalid, such invalid term or <br />provision shall not affect or impair the remainder of the Agreement, but such remainder shall remain in <br />full force and effect to the same extent as though the invalid term or provisions were not contained in <br />the Agreement. <br />IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last <br />signed below. <br />ENTITY <br />Washington State <br />Department of Transportation <br />By: <br />By: <br />Printed: <br />Printed: <br />Title: <br />Title: <br />Date: <br />Date: <br />Approved As To Form on behalf of WSDOT <br />/s/ Guy Bowman <br />Date: July 8, 2021 <br />GCB 3547 Page 4 of 4 <br />