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<br />Agreement No. 93-108070 6 of 14
<br /> Form update date: 2023.04.20
<br />replacement or cover contract and all administrative costs directly related to the
<br />replacement contract, which damages are distinct from any penalties imposed under
<br />Chapter 49.60 RCW. DNR shall have the right to deduct from any monies due to
<br />CONTRACTOR or subcontractor, or that thereafter become due, an amount for damages
<br />CONTRACTOR or subcontractor will owe DNR for default under this provision.
<br />18.0 Severability. The provisions of this agreement are severable. If any provision of this
<br />Agreement or any provision of any document incorporated by reference should be held invalid,
<br />the other provisions of this Agreement without the invalid provision remain valid.
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<br />19.0 Responsibilities of the Parties/Indemnification. To the fullest extent permitted by law,
<br />CONTRACTOR shall indemnify, defend (with counsel acceptable to DNR), and hold harmless
<br />DNR, its officials, agents, and employees, from and against all claims arising out of or resulting
<br />from the performance of the Agreement. “Claim” as used in this Agreement means any financial
<br />loss, claim, suit, action, damage, or expense, including but not limited to attorneys’ fees,
<br />attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible
<br />property including loss of use resulting therefrom. CONTRACTOR’s obligation to indemnify,
<br />defend, and hold harmless includes any claim by CONTRACTOR’s employees, representatives,
<br />any subcontractor or its employees, or any third party.
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<br />However, CONTRACTOR shall not indemnify, defend, or hold harmless DNR, its officials,
<br />agents, and employees for claims caused by or resulting from the sole negligence of DNR, its
<br />officials, agents, and employees and in the event of concurrent negligence by (1)
<br />CONTRACTOR, its agents, employees, representatives, any subcontractor or its employees, or
<br />any third party and (2) DNR, its officials, agents, and employees, then CONTRACTOR’s
<br />obligation to indemnify, defend, and hold harmless DNR, its officials, agents, and employees
<br />shall be valid and enforceable only to the extent of CONTRACTOR, its agents, employees,
<br />representatives, any subcontractor or its employees, or any third party’s share of any concurrent
<br />negligence.
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<br />CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to
<br />indemnify, defend and hold harmless DNR and its officials, agents or employees.
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<br />20.0 Insurance. Before using any of said rights granted herein and its own expense,
<br />CONTRACTOR shall purchase and maintain, or require its agent(s)/subcontractor to purchase
<br />and maintain, the insurance described below for the entire duration of this Agreement. Failure to
<br />purchase and maintain the required insurance may result in the termination of the Agreement at
<br />DNR’s option.
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<br />All insurance provided in compliance with this Agreement shall be primary as to any other
<br />insurance or self-insurance programs afforded to, or maintained by, the State of Washington,
<br />Department of Natural Resources.
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<br />CONTRACTOR shall provide DNR with certificates of insurance, executed by a duly authorized
<br />representative of each insurer, showing compliance with the insurance requirements specified in
<br />this Agreement before using any of said rights granted herein. The description section of the
<br />Docusign Envelope ID: 0C3A0F3F-130B-4C61-A417-7C9441204B4B
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