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DocuSign Envelope ID:2A1A1 B97-7E12-4D08-A7FA-F9FBEB801815
<br /> 2.16. DUPLICATE PAYMENTS
<br /> The Grantee certifies that work to be performed under this Contract does not duplicate any work to be charged against
<br /> any other contract, subcontract, or other source.
<br /> 2.17. GOVERNING LAW AND VENUE
<br /> This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the
<br /> venue of any action brought hereunder shall be in the Superior Court for Thurston County.
<br /> 2.18. INDEMNIFICATION
<br /> To the fullest extent permitted by law,the Grantee shall indemnify,defend,and hold harmless the state of Washington,
<br /> COMMERCE, agencies of the state and all officials, agents and employees of the state, for, from and against all
<br /> claims for injuries or death arising out of or resulting from the performance of the Contract. "Claim" as used in this
<br /> Contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's
<br /> fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property
<br /> including loss of use resulting therefrom.
<br /> The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agents, employees,
<br /> representatives, or any subcontractor or its employees.
<br /> The Grantee expressly agrees to indemnify,defend, and hold harmless the State for any claim arising out of or incident
<br /> to the Grantee's or any subcontractor's performance or failure to perform the Contract. Grantee's obligation to
<br /> indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent
<br /> negligence of State or its agents, agencies, employees and officials.
<br /> The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
<br /> harmless the state and its agencies, officers, agents or employees.
<br /> 2.19. INDEPENDENT CAPACITY OF THE GRANTEE
<br /> The parties intend that an independent Grantee relationship will be created by this Contract. The Grantee and its
<br /> employees or agents performing under this Contract are not employees or agents of the state of Washington or
<br /> COMMERCE. The Grantee will not hold itself out as or claim to be an officer or employee of COMMERCE or of the
<br /> state of Washington by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would
<br /> accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee.
<br /> 2.20. INDUSTRIAL INSURANCE COVERAGE
<br /> The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to
<br /> provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be
<br /> required by law, COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance
<br /> Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount
<br /> payable to the Grantee by COMMERCE under this Contract, and transmit the deducted amount to the Department of
<br /> Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect
<br /> from the Grantee.
<br /> 2.21. LAWS
<br /> The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and
<br /> federal governments, as now or hereafter amended.
<br /> 2.22. LICENSING, ACCREDIDATION, AND REGISTRATION
<br /> The Grantee shall comply with all applicable local, state, and federal licensing, accreditation, and registration
<br /> requirements or standards necessary for the performance of this Contract.
<br /> 2.23. LIMITATION OF AUTHORITY
<br /> Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior
<br /> to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or
<br /> condition of this Contract.
<br /> 2.24. LOCAL PUBLIC TRANSPORTATION COLLABORATION
<br /> Contract#«Contract_Number» 12 Electrification of Transportation Systems
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