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39.26.255 and Washington State Procurement Policy POL-DES-255-00, such product(s) shall exceed
<br /> the minimum post-consumer or total recycled content that enabled Contractor to be awarded such
<br /> preference.
<br /> Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide
<br /> satisfactory evidence of compliance within thirty(30)days, Agency may suspend or terminate this Contract.
<br /> The rights and remedies of the parties under this warranty are in addition to any other rights and remedies
<br /> of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable
<br /> and awarded under law, to a prevailing party, reasonable attorneys'fees and costs.
<br /> EXECUTIVE ORDER 18-03—WORKERS' RIGHTS
<br /> MANDATORY INDIVIDUAL ARBITRATION. If Bidder returned Exhibit E - Contractor Certification —
<br /> Worker's Rights Executive Order 18-03 Washington State Procurement of Goods & Services Contracts,
<br /> and Contractor represents and warrants, as previously certified in Contractor's bid, quotation and/or
<br /> proposal submission, that Contractor does NOT require its employees, as a condition of employment, to
<br /> sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor
<br /> further represents and warrants that, during the term of this contract, Contractor shall not, as a condition of
<br /> employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or
<br /> collective action waivers.
<br /> FUNDING SOURCE
<br /> At all times during the course of this contract,the Contractor must comply with applicable laws, rules, policy
<br /> and regulations required by the source of funding for the contract.
<br /> GOVERNING LAW
<br /> This contract shall be construed and interpreted in accordance with the laws of the State of Washington,
<br /> and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
<br /> HARASSMENT
<br /> Per RCW 43.01.135, Sexual harassment in the workplace,Agency Contractors hereby have access to DNR
<br /> Policy P001-007 Harassment Prevention:
<br /> https://www.dnr.wa.gov/publications/em P001-007 harassment prevention.pdf
<br /> INDEMNIFICATION
<br /> To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the State,
<br /> agencies of State and all officials,Agents and employees of the State,from and against all claims for injuries
<br /> or death arising out of or resulting from the performance of the contract. "Claim,"as used in this contract,
<br /> 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 destruction of tangible property
<br /> including loss of use resulting therefrom.
<br /> Contractor's obligations to indemnify, defend,and hold harmless includes any claim by Contractors'Agents,
<br /> employees, representatives, or any Subcontractor or its employees.
<br /> Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of
<br /> or incidental to Contractor's or any Subcontractor's performance or failure to perform the contract.
<br /> Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced
<br /> by any actual or alleged concurrent negligence of State or its Agents, agencies, employees and officials.
<br /> Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
<br /> harmless State and its agencies, officials, Agents or employees.
<br /> INDEPENDENT CAPACITY OF THE CONTRACTOR
<br /> The parties intend that an independent Contractor relationship will be created by this contract. The
<br /> Contractor and his or her employees or Agents performing under this contract are not employees or Agents
<br /> of the Agency. The Contractor will not hold himself/herself out as or claim to be an officer or employee of
<br /> GRANT AGREEMENT NO, 93-103672 Page 12 of 19
<br /> Form update date:2022.05.16
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