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Docusign Envelope lD: F790F20C-7238-835F -827 F-77F5EBA708DE <br />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, shatt be tiabte for contract <br />damages as authorized by taw inctuding, but not timited to, any cost difference between the originat contract and <br />the repLacement or cover contract and att administrative costs directty rel.ated to the reptacement contract, which <br />damages are distinct from any penal.ties imposed under Chapter49.60, RCW. WSCJTC shatt 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 Witt owe WSCJTC for defautt under this provision' <br />lndustrial. lnsurance Coverage. WSCJTC witt report the Contractor to the Department of Labor and lndustries (L&l) as a <br />,,non-emptoyee covered worker" and witt pay L&l insurance premiums. Any injuries the Contractor suffers in the course of <br />performing this contract are covered by L&|. The Contractor and his/her physician shoutd claim accordingty. lf this <br />contract authorizes subcontracting, the Contractor provides L&l coverage for any subcontract workers; WSCJTC and the <br />State assume no tiabitity for them. <br />Termination. No guarantee of work is made or imptied as a resutt 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 shatt be effective on the date specified in the termination notice. WSCJTC shatl be <br />tiabte for onty authorized services provided on or before the date of termination. <br />Assignment. The Contractor may not assign this Contract, or its rights or obtigations to a third party' <br />Confidentiatity. The Contractor shatt not disctose any information WSCJTC designates confidentiat' This contract and the <br />contractor's proposat, if any, become the property of the wscjTc, subject to the Pubtic Records Act RCW 42.56' <br />Disputes. lf a dispute arises under this contract, it shatt be resotved by a Dispute Board' The WSCJTC Executive Director <br />and the Contractor shatt each appoint a member to the Board. The Executive Director of the WSCJTC and the Contractor <br />shalt jointty appoint a third member to the Dispute Board. The Board shal.L evatuate the dispute and resotve it. The Board's <br />determination shatt be finat and bindingto at[ parties to this Contract' <br />lndemnity. Each party shatt be responsibte for the acts, errors, and omissions of itsetf and its own officers, ernptoyees, <br />and agents acting within the scope of their authority a nd within the scope of the performance of the agreement. <br />Governing Law. This Contract shatt be governed by the taws of Washington. The jurisdiction for any action hereunder shatt <br />be the Superior Court for the State of Washington. The venue of any action hereunder shalt be in the Superior Court for <br />Thurston County, State of Washington. <br />Rights in Data. Materiat created from this Contract shatt be "works for hire" as defined bythe U.S. Copyright Act of 1976 <br />and shatt be owned by WSCJTC, inctuding but not timited to reports, documents, videos, curricular materia[, exams or <br />recordings. Such rnateriats are subject to RCW.42.56, the Pubtic Records Act; WSCJTC may disclose such documents in <br />accorda nce with the PRA. <br />Severabitity. lf any provision of this Contract or any provision of any document incorporated by reference shatt be hetd <br />invaLid, such invatidity shatt not affect the other provisions of this contract which can be given effect without the invatid <br />provision, if such remainder conforms to the requirements of appticabte taw and the fundamentaI purpose of this <br />Contract, and to this end the provisions of this Contract are dectared to be severabte. <br />Waiver. A faiture by the WSCJTC to exercise its rights under this contract shatt not prectude WSCJTC from subsequent <br />exercise of such rights and shatt not constitute a waiver of any rights under this contract untess stated to be such in writing <br />and signed by an authorized representative of WSCJTC and attached to the originat contract. <br />Totat Attocation 1't Watch We[tness $49,900