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14.2 If any litigation, claim, or audit is started before the expiration of the six (6) year period,
<br />the records shall be retained until all litigation, claims, or audit findings involving the records
<br />have been resolved.
<br />15. ORDER OF PRECEDENCE
<br />15.1 In the event of an inconsistency in the terms of this Agreement, or between its terms and
<br />any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
<br />following order:
<br />a. Applicable state and federal statutes, and local laws, rules, and regulations.
<br />b. Statement of Work.
<br />c. Exhibits and Appendices.
<br />e. Any other provisions of the Agreement, including materials incorporated by reference.
<br />16. RESPONSIBILITIES OF THE PARTIES
<br />16.1 Each party to this Agreement hereby assumes responsibility for claims and/or damages
<br />to persons and/or property resulting from any act or omissions on the part of itself, its
<br />employees, its officers, and its agents. Neither party assumes any responsibility to the other
<br />party for the consequences of any claim, act, or omission of any person, agency, firm, or
<br />corporation not a party to this Agreement.
<br />17. INDEMNIFICATION
<br />17.1 Each Party to this Agreement will protect, defend, indemnify, and save harmless the
<br />other Party, its officers, officials, employees, and agents, while acting within the scope of their
<br />employment as such, from any and all costs, claims, judgments, and/or awards of damages
<br />(both to persons and property), arising out of, or in any way resulting from, each Party's
<br />negligent acts or omissions with respect to the provisions of this Agreement. Neither Party will
<br />be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for
<br />injuries, death, or damages (both to persons and property) is caused by the sole negligence of
<br />the other Party. Where such claims, suits, or actions result from the concurrent negligence of
<br />the Parties, their agents, officials or employees, and/or involve those actions covered by RCW
<br />4.24.115, the indemnity provisions provided herein will be valid and enforceable only to the
<br />extent of the negligence of the indemnifying Party, its agents, officials or employees.
<br />17.2 The Parties agree that their obligations under this section extend to any claim, demand,
<br />and/or cause of action brought by, or on behalf of, any of their officers, officials, employees, or
<br />agents. For this purpose only, the Parties, by mutual negotiation, hereby waive, with respect to
<br />each other only, any immunity that would otherwise be available against such claims under the
<br />Industrial Insurance provisions of Title 51 RCW.
<br />17.3 This indemnification and waiver will survive the termination of this Agreement.
<br />18. SEVERABILITY
<br />18.1 If any term or condition of this Agreement is held invalid, such invalidity shall not affect
<br />the validity of the other terms or conditions of this Agreement.
<br />19. SITE SECURITY
<br />19.1 While on COUNTY's premises, WSDOT agents, employees, or Subcontractors shall
<br />comply with the COUNTY's generally applicable security policies and regulations.
<br />20. SUBCONTRACTING
<br />20.1 "Subcontractor" means one not in the employment of a party to this Agreement, who is
<br />performing all or part of those services under this Agreement under a separate contract with a
<br />WSDOT Agreement GCB 4098 Page 4 of 8
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