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d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or <br />suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract <br />damages as authorized by law including, but not limited to, any cost difference between the original contract and <br />the replacement or cover contract and all administrative costs directly related to the replacement contract, which <br />damages are distinct from any penalties imposed under Chapter 49.60, RCW. WSCJTC shall have the right to <br />deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for <br />damages Contractor or subcontractor will owe WSCJTC for default under this provision. <br /> <br />Industrial Insurance Coverage. WSCJTC will report the Contractor to the Department of Labor and Industries (L&I) as a <br />“non-employee covered worker” and will pay L&I insurance premiums. Any injuries the Contractor suffers in the course of <br />performing this contract are covered by L&I. The Contractor and his/her physician should claim accordingly. If this <br />contract authorizes subcontracting, the Contractor provides L&I coverage for any subcontract workers; WSCJTC and the <br />State assume no liability for them. <br /> <br />Termination. No guarantee of work is made or implied as a result of this Contract: merely signing this contract does not <br />guarantee the Contractor any specific amount of payment. WSCJTC may terminate this Contract by providing written <br />notice to the Contractor. Termination shall be effective on the date specified in the termination notice. WSCJTC shall be <br />liable for only authorized services provided on or before the date of termination. <br /> <br />Assignment. The Contractor may not assign this Contract, or its rights or obligations to a third party. <br /> <br />Confidentiality. The Contractor shall not disclose any information WSCJTC designates confidential. This contract and the <br />Contractor’s proposal, if any, become the property of the WSCJTC, subject to the Public Records Act RCW 42.56. <br /> <br />Disputes. If a dispute arises under this contract, it shall be resolved by a Dispute Board. The WSCJTC Executive Director <br />and the Contractor shall each appoint a member to the Board. The Executive Director of the WSCJTC and the Contractor <br />shall jointly appoint a third member to the Dispute Board. The Board shall evaluate the dispute and resolve it. The Board’s <br />determination shall be final and binding to all parties to this Contract. <br /> <br />Indemnity. Each party shall be responsible for the acts, errors, and omissions of itself and its own officers, employees, <br />and agents acting within the scope of their authority and within the scope of the performance of the agreement. <br /> <br />Governing Law. This Contract shall be governed by the laws of Washington. The jurisdiction for any action hereunder shall <br />be the Superior Court for the State of Washington. The venue of any action hereunder shall be in the Superior Court for <br />Thurston County, State of Washington. <br /> <br />Rights in Data. Material created from this Contract shall be “works for hire” as defined by the U.S. Copyright Act of 1976 <br />and shall be owned by WSCJTC, including but not limited to reports, documents, videos, curricular material, exams or <br />recordings. Such materials are subject to RCW 42.56, the Public Records Act; WSCJTC may disclose such documents in <br />accordance with the PRA. <br /> <br />Severability. If any provision of this Contract or any provision of any document incorporated by reference shall be held <br />invalid, such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid <br />provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this <br />Contract, and to this end the provisions of this Contract are declared to be severable. <br /> <br />Waiver. A failure by the WSCJTC to exercise its rights under this contract shall not preclude WSCJTC from subsequent <br />exercise of such rights and shall not constitute a waiver of any rights under this contract unless stated to be such in writing <br />and signed by an authorized representative of WSCJTC and attached to the original contract. <br /> <br />Total Allocation 1 st Watch Wellness $49,900 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />   <br /><br /><br /><br />