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<br />21. Indemnification
<br />To the fullest extent permitted by law, the Subrecipient shall indemnify, defend, and hold harmless the state
<br />of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state,
<br />from and against all claims for injuries or death arising out of or resulting from the performance of the
<br />contract. “Claim” as used in this contract, means any financial loss, claim, suit, action, damage, or expense,
<br />including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury
<br />to or the destruction of tangible property including loss of use resulting therefrom.
<br />The Subrecipient’s obligation to indemnify, defend, and hold harmless includes any claim by Subrecipient’s
<br />agents, employees, representatives, or any subcontractor or its employees.
<br />The Subrecipient’s obligation shall not include such claims that may be caused by the sole negligence of
<br />the State and its agencies, officials, agents, and employees. If the claims or damages are caused by or
<br />result from the concurrent negligence of (a) the State, its agents or employees and (b) the Subrecipient, its
<br />subcontractors, agents, or employees, this indemnity provision shall be valid and enforceable only to the
<br />extent of the negligence of the Subrecipient or its subcontractors, agents, or employees.
<br />The Subrecipient waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
<br />and hold harmless the state and its agencies, officers, agents or employees.
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<br />22. Independent Capacity of the Subrecipient
<br />The parties intend that an independent Subrecipient relationship will be created by this Contract. The
<br />Subrecipient and its employees or agents performing under this Contract are not employees or agents of
<br />the state of Washington or COMMERCE. The Subrecipient will not hold itself out as or claim to be an officer
<br />or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Subrecipient make
<br />any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct
<br />and control of the work will be solely with the Subrecipient.
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<br />23. Industrial Insurance Coverage
<br />The Subrecipient shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
<br />Subrecipient fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
<br />of its employees as may be required by law, COMMERCE may collect from the Subrecipient the full amount
<br />payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the
<br />Subrecipient to the accident fund from the amount payable to the Subrecipient by COMMERCE under this
<br />Contract and transmit the deducted amount to the Department of Labor and Industries (L&I) Division of
<br />Insurance Services. This provision does not waive any of L&I’s rights to collect from the Subrecipient.
<br />24. Laws
<br />The Subrecipient shall comply with all applicable laws, ordinances, codes, regulations and policies of local,
<br />state, and federal governments, as now or hereafter amended.
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<br />25. Licensing, Accreditation and Registration
<br />The Subrecipient shall comply with all applicable local, state, and federal licensing, accreditation and
<br />registration requirements or standards necessary for the performance of this Contract.
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