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WEMS <br />17.2. The SUB -RECIPIENT agrees that its obligations under this Section extend to any claim, demand <br />and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of <br />this agreement. For this purpose, the SUB- RECIPIENT, by mutual negotiation, hereby waives with respect <br />to WTSC only, any immunity that would otherwise be available to it against such claims under the <br />Industrial Insurance provisions chapter 51.12 RCW. <br />17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. <br />18. INDEPENDENT CAPACITY <br />The employees or agents of each party who are engaged in the performance of this Agreement shall <br />continue to be employees or agents of that party and shall not be considered for any purpose to be <br />employees or agents of the other party. <br />19. INSURANCE COVERAGE <br />19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if <br />required by law. <br />19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to <br />the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with <br />proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or <br />commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB - <br />RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. <br />20. LICENSING, ACCREDITATION, AND REGISTRATION <br />The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and <br />registration requirements and standards necessary for the performance of this Agreement. The SUB - <br />RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and <br />be responsible for payment of all taxes due on payments made under this Agreement. <br />21. RECORDS MAINTENANCE <br />21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain <br />books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect <br />costs expended in the performance of the services described herein. These records shall be subject to <br />inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and <br />federal officials so authorized by law. All books, records, documents, and other material relevant to this <br />Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, <br />the WTSC, and any duly authorized representatives shall have full access and the right to examine any of <br />these materials during this period. <br />21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other <br />party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not <br />disclose or make available this material to any third parties without first giving notice to the furnishing <br />party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security <br />Page 10 of 20 <br />