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which damages are distinct from any penalties imposed under Chapter 49.60, RCW. WSCJTC shall have the <br />right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount <br />for damages Contractor or subcontractor will owe WSCJTC for default under this provision. <br /> <br />Industrial Insurance Coverage. WSCJTC will report the Contractor to the Department of Labor and Industries (L&I) <br />as a “non-employee covered worker” and will pay L&I insurance premiums. Any injuries the Contractor suffers in the <br />course of performing this contract are covered by L&I. The Contractor and his/her physician should claim accordingly. <br />If this contract authorizes subcontracting, the Contractor provides L&I coverage for any subcontract workers ; WSCJTC <br />and the State assume no liability for them. <br /> <br />Termination. No guarantee of work is made or implied as a result of this Contract: m erely signing this contract does <br />not guarantee the Contractor any specific amount of payment. WSCJTC may terminate this Contract by providing <br />written notice to the Contractor. Termination shall be effective on the date specified in the termination notice. WSCJTC <br />shall be liable for only authorized services provided on or before the date of termination. <br /> <br />Assignment. The Contractor may not assign this Contract, or its rights or obligations to a third party. <br /> <br />Confidentiality. The Contractor shall not disclose an y information WSCJTC designates confidential. This contract and <br />the Contractor’s proposal, if any, become the property of the WSCJTC, subject to the Public Records Act RCW 42.56. <br /> <br />Disputes. If a dispute arises under this contract, it shall be resolved by a Dispute Board. The WSCJTC Executive <br />Director and the Contractor shall each appoint a member to the Board. The Executive Director of the WSCJTC and the <br />Contractor shall jointly appoint a third member to the Dispute Board. The Board shall evaluate the dispute and resolve <br />it. The Board’s determination shall be final and binding to all parties to this Contract. <br /> <br />Indemnity. Contractor agrees to hold harmless WSCJTC for any claim arising out of performance or failure to perform <br />the contract, without regard to actual or alleged negligence by State employees. <br /> <br />Governing Law. This Contract shall be governed by the laws of W ashington. The jurisdiction for any action hereunder <br />shall be the Superior Court for the State of Washington. The venue of any action hereunder shall be in the Superior <br />Court for Thurston County, State of Washington. <br /> <br />Rights in Data. Material created from this Contract shall be “works for hire” as defined by the U.S. Copyright Act of <br />1976 and shall be owned by WSCJTC, including but not limited to reports, documents, videos, curricular material, <br />exams or recordings. Such materials are subject to RCW 42.56, the Public Records Act; WSCJTC may disclose such <br />documents in accordance with the PRA. <br /> <br />Severability. If any provision of this Contract or any provision of any document incorporated by reference shall be held <br />invalid, such invalidity shall not affect the o ther provisions of this Contract which can be given effect without the invalid <br />provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this <br />Contract, and to this end the provisions of this Contract are declared to be severable. <br /> <br />Waiver. A failure by the WSCJTC to exercise its rights under this contract shall not preclude WSCJTC from <br />subsequent exercise of such rights and shall not constitute a waiver of any rights under this contract unless stated to <br />be such in writing and signed by an authorized representative of WSCJTC and attached to the original contract . <br /> <br />Total Allocation $55,000 <br /> Gym Equipment <br /> <br /> <br /> <br /> <br /> <br />Docusign Envelope ID: B9D4120E-4D89-4976-8512-373D386D1D6E