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MLE 325-500 – Everett PD Page 9 of 16
<br />Report when: loss of life occurs, injury occurs requiring medical treatment beyond first aid,
<br />someone disappears and they may be injured or deceased, or property damage occurs valued at more
<br />than $2,000.
<br />If there is an injury, disappearance, or death, the report must be submitted within 48 hours. Reports on
<br />other accidents must be submitted within 10 days. If the operator cannot submit the report, the owner of
<br />the vessel is responsible.
<br />Reports must be submitted to the law enforcement agency that has jurisdiction where the accident
<br />occurred. If you are not sure what agency has the authority, contact the Washington State Boating
<br />program by email (boatlaw@parks.wa.gov) or call (360) 902-8555.
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<br />SECTION 14: Contribution on Third Party Claims
<br />14.1 If any third party makes any claim or brings any action, suit or proceeding alleging against a Party (the
<br />“Notified Party”) with respect to which the other Party (the “Other Party”) may have liability, the Notified
<br />Party shall promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other
<br />Party, along with the written notice, a copy of the claim, process and all legal pleadings with respect to the
<br />Third Party Claim that have been received by the Notified Party. Each Party is entitled to participate in the
<br />defense of a Third-Party Claim, and to defend a Third-Party Claim with counsel of its own choosing.
<br />Receipt of notice of the claim and the opportunity to participate are both precedent to the Other Party’s
<br />obligation in regards to the Third-Party Claim.
<br />14.2 With respect to a Third Party Claim for which MLE is jointly liable with Subrecipient (or would be if joined in
<br />the Third Party Claim ), MLE shall contribute to the amount of expenses (including attorneys' fees),
<br />judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by
<br />Subrecipient in such proportion as is appropriate to reflect the relative fault of each party in connection
<br />with the events under claim, as well as any other relevant equitable considerations. The relative fault of
<br />each party shall be determined by reference to, among other things, the Parties' relative intent,
<br />knowledge, access to information and opportunity to correct or prevent the circumstance. MLE’s
<br />contribution amount in any instance is capped to the same extent it would have been capped under
<br />Washington law if the State had sole liability in the proceeding.
<br />SECTION 15: Subrecipient Default
<br />15.1 Subrecipient will be in default under this Agreement upon the occurrence of any of the following events:
<br />15.1.1 Subrecipient fails to perform, observe, or discharge any of the covenants, agreements, or
<br />obligations under this Agreement
<br />15.1.2 Any representation, warranty or statement made by Subrecipient in this Agreement or in any
<br />documents or reports relied upon by MLE to measure the delivery of services, the expenditure of
<br />funds or the performance by Subrecipient is untrue in any material respect when made
<br />15.1.3 Subrecipient (a) applies for or consents to the appointment of, or taking of possession by, a
<br />receiver, custodian, trustee, or liquidator of itself or all of its property, (b) admits in writing its
<br />inability, or is generally unable, to pay its debts as they become due, (c) makes a general
<br />assignment for the benefit of its creditors, (d) is adjudicated a bankrupt or insolvent, (e)
<br />commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect),
<br />(f) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency,
<br />reorganization, winding-up, or composition or adjustment of debts, (g) fails to controvert in a
<br />timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an
<br />involuntary case under the Bankruptcy Code, or (h) takes any action for the purpose of effecting
<br />any of the foregoing; or
<br />15.1.4 A proceeding or case is commenced, without the application or consent of Subrecipient, in any
<br />court of competent jurisdiction, seeking (a) the liquidation, dissolution or winding-up, or the
<br />composition or readjustment of debts of Subrecipient, (b) the appointment of a trustee, receiver,
<br />custodian, liquidator, or the like of Subrecipient or of all or any substantial part of its assets, or (c)
<br />similar relief in respect to Subrecipient under any law relating to bankruptcy, insolvency,
<br />reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case
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