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D&M COVID 19 Jails Contract -2022-001 Page 7 of 7
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<br />damage, loss, or expense attributable to bodily injury, sickness, disease or death, or to injury
<br />to or destruction of tangible property (the "Harm"), provided, however, that the
<br />CONTRACTOR owes no Indemnity Duty if the Harm was caused by or results from the sole
<br />negligence of WASPC and provided further that in the event of concurrent negligence (i) by
<br />CONTRACTOR or the CONTRACTOR'S SUBCONTRACTORS' agents or employees, or
<br />both and (ii) by WASPC or its agents, or both, then the CONTRACTOR'S Indemnity Duty is
<br />valid and enforceable only to the extent of the negligence of CONTRACTOR, its agents, and
<br />its employees.
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<br />CONTRACTOR also agrees to defend, indemnify, and hold WASPC harmless from all
<br />SUBCONTRACTOR and supplier claims for payment, including any liens that may be filed.
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<br />CONTRACTOR further agrees to defend, indemnify, and hold WASPC harmless from all
<br />WISHA or other related claims, demands, proceedings, violations, penalties, assessments,
<br />or fines that arise out of or relate to CONTRACTOR'S failure to comply with an y safety- related
<br />laws, ordinances, rules, regulations, orders, or its obligations hereunder.
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<br />For purposes of the foregoing indemnification provision only, and only to the extent of claims
<br />against CONTRACTOR by WASPC under such indemnification provision, CONTRACTOR
<br />specifically waives any immunity it may be granted under the Washington State Industrial
<br />Insurance Act, Title 51 RCW. The indemnification obligation under this CONTRACT shall not
<br />be limited in any way by any limitation on the amount or type of damages, compensation or
<br />benefits payable to or for any third party under workers compensation acts, disabilities benefit
<br />acts, or other employee benefit acts. This term is specifically negotiated for and agreed
<br />between the parties.
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<br />20. ENTIRE AGREEMENT. This CONTRACT, the RFP and CONTRACTOR response,
<br />Statement of Work, Project Narrative, and Budget Worksheet contains the entire agreement
<br />between the parties and may not be modified or amended except as provided herein. No other
<br />understanding, oral or written, regarding the subject matter of this CONTRACT shall be
<br />deemed to exist or to bind any of the parties hereto. The CONTRACTOR shall comply with
<br />all applicable laws, ordinances, codes, regulations, and policies of local, state, and state
<br />governments. This CONTRACT consists of the following documents:
<br />a D&M-2022-001 CONTRACT Face Sheet;
<br />b Contract Specific Terms and Conditions;
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<br />21. ORDER OF PRECEDENCE. In the event of any inconsistency in this CONTRACT,
<br />unless otherwise provided herein, the inconsistency shall be resolved by giving precedence
<br />in the following order:
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<br />a Applicable federal statutes and regulations;
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<br />b Applicable state statutes and regulations;
<br />c. D&M-2022-001 CONTRACT Face Sheet;
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<br />d CONTRACT Specific Terms and Conditions;
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