Fully Executed WSPRC - Laserfiche WebLink

Home Browse Search

DocuSign Envelope lD: D7339268-F986-48F4-A980-B9283E73AFEB Pafi Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this Section 75 - Contribution on Third Party Cloims and a meaningful opportunity for the Other Party to particlpate in the investigation, defense, and settlement of the Third-Party Claim with counselof its own choosing are conditions precedent to the Other Party's contribution obligation under this Sectrbn 73 - Ownership of Work Producf with respect to the Third-Party Claim. 1,S,2 With respect to a Third Party Claim for which MLE is jointly liable with Subrecipient (or would be if joined in the Third Party Claim ), MLE shall contribute to the amount of expenses (including attorneys' feesl, judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Subrecipient in such proportion as is appropriate to reflect the relative fault of MLE on the one hand and of Subrecipient on the other hand in connedion with the events that resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of MLE on the one hand and of Subrecipient on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, Judgments, fines, or settlement amounts. MLE's contribution amount in any instance is capped to the same extent it would have been capped under Washington law if the State had sole liability in the proceeding. 15.3 With respect to a Third Party Claim for which Subrecipient is jointly liable with MLE (or would be if joined in the Third Party Claim), Subrecipient shall contribute to the amount of expenses {including attorneys'fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by MLE in such proportion as is appropriate to reflect the relative fault of Subrecipient on the one hand and of MLE on the other hand in connection with the events that resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Subrecipient on the one hand and of MLE on the other hand shall be determined by reference tq among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines, or settlement amounts. Subrecipient's contribution amount in any instance is capped to the same extent it would have been capped under Washington law if it had sole liability in the proceeding. SECIION 16: SUBRECIPIET,ITDEFAUIT Subrecipient will be in default under this Agreement upon the occurrence of any of the following events: 15.1 Subrecipient fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreemeng t6.2 Any representation, warranty or statement made by Subrecipient in this Agreement or in any documents or reports relied upon by MLE to measure the delivery of services, the expenditure of funds or the performance by Subrecipient is untrue in any material respect when made; 16.3 Subrecipient (a) applies for or consents to the appointment of, or taking of possession by, a MtE 325-188 Subrecipient Agreement - Boating Program (FFA Grant Award)Page 16 of36