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contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable.
<br /> This provision shall be included in any agreement between Sponsor and any contractors, subcontractor and vendor, of any
<br /> tier.
<br /> The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims,
<br /> demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other
<br /> allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
<br /> inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any
<br /> other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of
<br /> any use in connection with the Agreement of methods, processes, designs, information or other items furnished or
<br /> communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided,this indemnity shall not
<br /> apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
<br /> proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers'and
<br /> employees'failure to comply with specific written instructions regarding use provided to the State, its agents, officers and
<br /> employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for
<br /> whom the Sponsor may be legally liable.
<br /> As part of its obligations provided above,the Sponsor specifically assumes potential liability for actions brought by the
<br /> Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the
<br /> Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51.
<br /> The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils,
<br /> committees, divisions, bureaus, offices, societies, or other entities of state government.
<br /> INDEPENDENT CAPACITY OF THE SPONSOR
<br /> The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO
<br /> or Funding Entity.The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
<br /> Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would
<br /> accrue to an employee under RCW 41.06.
<br /> The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by
<br /> federal, state, and/or local laws.
<br /> CONFLICT OF INTEREST
<br /> Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written
<br /> notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation
<br /> of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or
<br /> performance under, this Agreement.
<br /> In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the
<br /> Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO
<br /> provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this
<br /> Agreement.
<br /> COMPLIANCE WITH APPLICABLE LAW
<br /> In implementing the Agreement,the Sponsor shall comply with all applicable federal, state, and local laws(including without
<br /> limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other
<br /> applicable laws, the following laws:
<br /> A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination
<br /> laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age
<br /> Discrimination Act. In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law
<br /> or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be
<br /> declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and
<br /> all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a
<br /> nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following
<br /> nondiscrimination clause in each contract for construction of this project:
<br /> "During the performance of this contract,the contractor agrees to comply with all federal and state nondiscrimination
<br /> laws, regulations and policies."
<br /> B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities,worship, or
<br /> instruction, or for lands and facilities for religious activities,worship, or instruction. Religious activities, worship, or
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