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Exhibit C (WSDOT Clauses) <br />B. If the damage to the Project Equipment does not result in a total loss, payments for damage <br />shall be paid directly to the CONTRACTOR. The CONTRACTOR shall, within thirty (30) <br />days, either: <br />1. Devote all of the insurance proceeds received to repair the Project Equipment and <br />place it back in service, and the CONTRACTOR shall, at its own expense, pay <br />any portion of the cost of repair which is not covered by insurance; OR <br />2. In the event the CONTRACTOR certified to self- insurance, devote all funds <br />necessary to repair the Project Equipment and place it back into service. <br /> <br />C. If the Project Equipment is a total loss, either by theft or damage, the insurance proceeds <br />or equivalent shall be paid directly to WSDOT. The CONTRACTOR shall within sixty (60) <br />days of loss, theft, or damage, notify WSDOT that it either: <br />1. Intends to replace the lost Project Equipment; or <br />2. Does not intend to replace the lost Project Equipment. <br /> <br />D. If WSDOT determines that the total loss occurred under circumstances in which the <br />CONTRACTOR fulfilled its obligations under this AGREEMENT, WSDOT may reimburse <br />the CONTRACTOR for its proportionate share of the proceeds. <br /> <br />E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, <br />shall not be deemed as having relieved the CONTRACTOR of any liability in excess of <br />such coverage as required by the limitation of liability section of this AGREEMENT, or <br />otherwise. <br /> <br />Section 27 <br />Changed Conditions Affecting Performance <br />The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in <br />conditions or law, or of any other event, which may affect its ability to perform the Project <br />in accordance with the provisions of this AGREEMENT. <br /> <br />Section 34 <br />Limitation of Liability <br />A. The CONTRACTOR shall indemnify, defend, and hold harmless WSDOT, its agents, <br />employees, and officers and process and defend at its own expense any and all <br />claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs <br />(hereinafter referred to collectively as “claims”), of whatsoever kind or nature brought <br />against WSDOT arising out of, in connection with or incident to the execution of this <br />AGREEMENT and/or the CONTRACTOR’s performance or failure to perform any <br />aspect of this AGREEMENT. This indemnity and defense provision applies to all <br />claims against WSDOT, its agents, employees and officers arising out of, in <br />connection with or incident to the negligent acts or omissions of the CONTRACTOR, <br />its agents, employees, officers and subcontractors of any tier. Provided, however, <br />that nothing herein shall require the CONTRACTOR to indemnify, defend, and hold <br />harmless or defend WSDOT, its agents, employees or officers to the extent that