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15.2.4. Any SOW executed under this Agreement
<br />15.2.5. Any other provisions of the Agreement, including materials incorporated by reference
<br />16. |NCOME
<br />Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications,
<br />registration fees, or service charges) must be accounted for, and that income must be applied to project
<br />purposes or used to reduce project costs.
<br />17. TNDEMNtF|CAT|O.N.
<br />17't.f o the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the
<br />WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims,
<br />demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims,,)
<br />brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIplENT,s
<br />performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all
<br />claims against WTSC, its officers, employees, and agents arising out ol in connection with, or incident to the
<br />acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors.
<br />Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or
<br />defend the WTSC its agents, employees, or officers to the extent that claims are caused by the negligent
<br />acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims
<br />result from the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors,
<br />or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by
<br />RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of
<br />the negligence of the sUB-REClPlENT, its officers, employees, agents, contractors, or subcontractors.
<br />17.2. The SUB-RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indernnify,
<br />defend, and hold harmless the WTSC, its officers, employees, or agents.
<br />17.3. The indemnification and hold harmless provision shall survive termination of this Agreernent.
<br />18. INDEPENDENT CAPACIW
<br />The employees or agents of each Party who are engaged in the performance of this Agreement shall
<br />continue to be employees or agents of that Party and shall not be considered for any purpose to be
<br />employees or agents of the other Party.
<br />19.INSURANCE COVERAGE
<br />19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, tndustrial lnsurance, if required
<br />by law.
<br />19-2. lf the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to
<br />the start of any performance of work under this Agreement, the SUB-RECIP|ENT shall provide WTSC with
<br />proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or
<br />commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-
<br />RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
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