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DocuSign Envelope lD: D7339268-F9B6-48F4-A980-B9283E73AFEB <br />o Any coinsurance requirement in the policy shall be waived. <br />r State shall be included as an insured and a loss payee under the property insurance <br />policy. <br />18.2 AUTOMOBILE INSURANCE- Subrecipient shall maintain business auto liability and, if necessary <br />commercial umbrella liability insurance with a limit not less than 51,000,000 per accident. Such <br />insurance shall cover liability arising out of "Any Auto." Business auto coverage shall be written on <br />tSO form CA 00 01, or substitute liability form providing equivalent coverage. lf necessary the <br />policy shall be endorsed to provide contractual liability coverage. Subrecipient waives all rights <br />against State for the recovery of damages to the extent they are covered by business auto liability <br />or commercial umbrella liability insurance. <br />18.3 TNDUSTRTAL INSURANCE COVERAGE- Subrecipient shall provide or purchase industrial insurance <br />coverage for themselves their employees as required by Labor and lndustries prior to performing <br />work under this Agreement. Commission will not be responsible for payment of industrial <br />premiums or for any other claim or benefit for Subrecipient or any subcontractor or employee of <br />Subrecipient, which might arise under the industrial insurance laws during the performance of <br />duties and services under this agreement. Subrecipient, lts employees and agents performing <br />under this contract, are not employees of Commission. <br />18.4 CERTIFICATE OF INSURANCE / NAMING WASHINGTON STATE AS ADDITIONAL INSURED: A CurrCNt <br />Certificate of lnsurance must be submitted with the grant application form. The certificate must <br />name Washington State Parks and Recreation Commission as an additional insured, and the <br />Certificate Holder and contain a provision that the insurance will not be canceled for any reason <br />except after thirty (30) days written notice. Facilities must be insured by carriers licensed in or <br />eligible to do business in Washington, and must maintain applicable CommercialGeneral Liability, <br />Automobile Liability, and Worke/s Compensation coverage. Government entities will need to <br />include a letter from their Chief Financial Officer stating if they are self-insured or provide a <br />certificate of insurance as stated below." <br />SECTION 19: REMEDIES <br />19.1 ln the event Subrecipient is in default underSection 76-Subreciplent Defoult MLE may, at its <br />option, pursue any or all of the remedies available to it under this Agreement and at law or in <br />equity, including, but not limited to: {a}termination of this Agreement under Sedion 22 - <br />Termlnotion, (b) reducing or withholding payment for work or Work Product that Subrecipient <br />has failed to deliver within any scheduled completion dates or has performed inadequately or <br />defectively, (c) requiring Subrecipient to perform, at Subrecipient's expense, additional work <br />necessary to satisfy its performance obligations or meet performance standards under this <br />Agreement, (d) initiation of an action or proceeding for damages, specific performance, or <br />declaratory or injunctive relief, or (e) exercise of its right of recovery of overpayments under <br />Section 20 - Recovery of Overpayments (which is in addition to the remedies provided in Section <br />9.7 - Overpayment), of this Agreement or setoff, or both. These remedies are cumulative to the <br />e)Cent the remedies are not inconsistent, and MLE may pursue any remedy or remedies singly, <br />collectively, successively or in any order whatsoever. <br />MtE 325-188 Subrecipient Agreement - Boating Program (FFA Grant Award)Page 18 of 36