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Exhibit C (WSDOT Clauses) <br />claims are caused by the negligent acts or omissions of WSDOT, its agents, <br />employees or officers; and provided further that if such claims result from the <br />concurrent negligence of (a) the CONTRACTOR its employees, agents, officers or <br />contractors and (b) the STATE, its employees or authorized agents, or involves <br />those actions covered by RCW 4.24.115, the indemnity and defense provisions <br />provided herein shall be valid and enforceable only to the extent of the negligence <br />of the PARTY, its employees, officers, authorized agents, and/or contractors. The <br />indemnification and hold harmless provision shall survive termination of this <br />AGREEMENT. <br /> <br />B. The CONTRACTOR shall be deemed an independent contractor for all purposes, <br />and the employees of the CONTRACTOR or its subcontractors and the employees <br />thereof, shall not in any manner be deemed to be the employees of WSDOT. <br /> <br />C. The CONTRACTOR agrees that its obligations under this AGREEMENT extend to <br />any claim, demand, and/or cause of action by, or on behalf of its employees or <br />agents while performing under this AGREEMENT. For this purpose, the <br />CONTRACTOR, by MUTUAL NEGOTIATION, hereby waives any immunity that <br />would otherwise be available to it against such claims under the Industrial Insurance <br />provisions in Title 51 RCW. <br /> <br />D. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or <br />other legal expenses to enforce the provisions of this section of this AGREEMENT <br />against the other PARTY, all such fees, costs and expenses shall be recoverable by <br />the prevailing PARTY. <br />