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action brought to enforce contract terms, each party agrees to bear its own attorney fees and <br /> costs. <br /> IV. CONTRACTING FOR SERVICES <br /> Purchased goods, services, or public works shall be procured in compliance with State law, <br /> policies, and orders, and the Commission Grants and Contract Policy and Procedure <br /> Manual, including use of a competitive process where required. The COUNTY shall retain <br /> copies of all bids received and contracts awarded, for inspection and use by the <br /> COMMISSION. Retention of copies shall be consistent with time periods established <br /> herein. <br /> V. INDEMNIFICATION <br /> The COMMISSION shall in no way be held responsible for payment of salaries, consultant <br /> fees, and other costs related to the project described herein, except as provided in the scope <br /> of work through the reimbursement procedures described in this agreement. <br /> To the fullest extent permitted by law, the COUNTY shall indemnify, defend and hold <br /> harmless the State of Washington, agencies of the State and all officials, agents and <br /> employees of the State, from and against all claims arising out of or resulting from the <br /> performance of the contract. The COUNTY'S obligation to indemnify, defend, and hold <br /> harmless includes any claim by the COUNTY'S agents, employees, representatives, or any <br /> subcontractor or a subcontractor's employees. <br /> The COUNTY expressly agrees to indemnify, defend, and hold harmless the State of <br /> Washington and the COMMISSION for any claim arising out of or incident to the COUNTY's <br /> or any subcontractor's performance or failure to perform the contract.The COUNTY's <br /> obligation to indemnify, defend, and hold harmless the State of Washington and the <br /> COMMISSION shall not be eliminated or reduced by any actual or alleged concurrent <br /> negligence of the State or its agents, agencies, employees and officials. <br /> The COUNTY waives its immunity under Title 51 RCW (Industrial Insurance) to the extent it is <br /> required to indemnify, defend and hold harmless State and its agencies, officials, agents or <br /> employees. <br /> The COMMISSION shall be responsible for any liability arising from its own actions. However, <br /> any liability by the COMMISSION shall not mitigate the COUNTY's duty to indemnify the <br /> COMMISSION for all claims arising out of its performance of the contract. <br /> VI. RECOVERY OF PAYMENTS <br /> In the event the COUNTY fails, through the failure to exercise reasonable diligence unrelated <br /> to the State's failure to fully fund the stewardship process, to perform obligations required of <br /> it by this contract, the COUNTY may be required to repay to the COMMISSION any funds <br /> VSP 2025-27 Biennium Contract Between the WSCC and County- Page 10 of 23 <br />