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<br />agreement, for the same services or expenses. The GRANTEE certifies that work to be performed
<br />under this Grant Agreement does not duplicate any work to be charged against any other grant,
<br />subgrant/subcontract, contract, or agreement.
<br />20. GOVERNING LAW AND VENUE
<br />This Grant Agreement shall be construed and interpreted in accordance with the laws of the State
<br />of Washington, and the venue of any action brought shall be in the Superior Court for Thurston
<br />County.
<br />21. INDEMNIFICATION
<br />To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless
<br />the State of Washington, COMMERCE, agencies of the State, and all officials, agents, employees,
<br />and representatives of the State, from and against all Claims for injuries or death arising out of or
<br />resulting from the performance of the Grant Agreement.
<br />The GRANTEE’S obligation to indemnify, defend, and hold harmless includes any Claim by any
<br />and all of GRANTEE’S agents, employees, representatives, and/or subgrantee(s)/subcontractor(s)
<br />(and their agents, employees, and representatives, to the extent that GRANTEE is using any
<br />subgrantee/subcontractor for the Project).
<br />The GRANTEE’S obligations shall not include such Claims that may be caused by the sole
<br />negligence of the State and its agencies, officials, agents, and/or employees. If the Claims or
<br />damages are caused by or result from the concurrent negligence of (a) the State, its agents, and/or
<br />employees and (b) the GRANTEE, its subgrantees/subcontractors, agents, and/or employees, this
<br />indemnity provision shall be valid and enforceable only to the extent of the negligence of the
<br />GRANTEE (and/or its subgrantees/subcontractors) and their agents, officers, representatives,
<br />and/or employees.
<br />The GRANTEE waives its immunity under RCW 51 to the extent it is required to indemnify, defend,
<br />and hold harmless the State and its agencies, officers, agents, and/or employees.
<br />22. INDEPENDENT CAPACITY OF THE GRANTEE
<br />The parties intend that an independent contractor relationship will be created by this Grant
<br />Agreement. The GRANTEE and its employees, officers, representatives, and/or agents performing
<br />under this Grant Agreement 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
<br />COMMERCE or of the State of Washington by reason hereof, nor will the GRANTEE make any
<br />claim of right, privilege, or benefit which would accrue to such officer or employee under law.
<br />Conduct and control of the work associated with the Project will be solely with the GRANTEE.
<br />23. INDUSTRIAL INSURANCE COVERAGE
<br />The GRANTEE shall comply with all applicable provisions of RCW 51 (Industrial Insurance). If the
<br />GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
<br />behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE
<br />the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the
<br />amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE
<br />by COMMERCE under this Grant Agreement and transmit the deducted amount to the Department
<br />of Labor and Industries (L&I) Division of Insurance Services. This provision does not waive any of
<br />L&I’s rights to collect from the GRANTEE.
<br />24. LAWS
<br />The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations, and policies
<br />of local and state and federal governments, as now or hereafter amended.
<br />Docusign Envelope ID: 9B889CF2-7957-48F2-B06A-301BAAA8C3CA
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