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<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 />C; r 99,6-q Ott NV. DNR slurlI 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 Soverability, The provisions of this agreement aro severable. if any provision of this
<br />Agreement or any provision of any document incorporated by referonoo should be .held Invalid,
<br />the other provisions of this Agreement without the Invalid provision remain valid.
<br />19,0 1:iaspcuslblli008 of tiro l"artlas/£tidarnnificatiorr, To the fullest extent permitted by law,
<br />CONTRACTOR shall indemnify, defend (with counsel acceptable to MR), 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, clahu, suit, action, damage, or expense, rnoludhig but not limited to attorneys' fees,
<br />attributable for bodily lr jury, 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 CON RACTOR's employees, representatives,
<br />any subcontractor or Its employees, or any third party,
<br />)~However, CONTRACTOR. shall not indemnify, defend, or hold harmless DNR, Its officials,
<br />agents, raid employees for claims caused by or.resulting.from the solo negligence of DNR, its
<br />officials, agents, and employees and in the, event of concurrent negligence by (1)
<br />CON` RAt: Toi, its agents, employers, representatives, any subcontractor or Its employees, or
<br />any third party and (2) MR, its officials, agents, and employees, then CON'TRACTOR's
<br />-nbtigtttlon to-indaiz�nlfy,-defenda and lzotd hanttless-pNR—its nfkicials, agents; and om_ployces -- —
<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 patty's share of any concurrent
<br />negligence,
<br />CONTRACTOR waives its immunity under T� 1LC ! to the extent It Is requi.recl to
<br />indemnit�, defend and hold harmless DNR. and Its nfiroials, agents or employees.
<br />20.0 Insurance. Before using any of said rights granted heroin and Its own expense,
<br />CONTRACTOR shall purchase and maintain, or require Its agents)/sribcontcactor 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.
<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 Statc of Washington,
<br />Department of Natural Resources.
<br />CONTRACTOR shall provide DNR. with certificates of Insurance, executed by a duty authorized
<br />representative of each insurer, showing compliance with the Insurance requirements speciflod In
<br />this Agreement before using any of said rights granted heroin. The description section of the
<br />Agreoment'No• 93.108070 6 of 14
<br />Corfu update date: 202.3.04, 20
<br />Professional Services Agreement
<br />Page 23
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