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other party shall not be eliminated or reduced by any actual or alleged concurrent negligence of the <br />indemnified party or its agents, agencies, employees, and officials. The indemnifying party waives its <br />immunity under Title 51 RCW to the extent that it is required to indemnify, defend, and hold harmless <br />the other party and its agencies, officials, agents or employees. <br /> <br />3. EWU and its officers, employees, and agents, while acting in good faith within the scope of their <br />official EWU duties, are covered by the State of Washington Self-Insurance Program and the Tort <br />Claims Act (Chapter 4.92 RCW), and successful claims against EWU and its employees, officers, <br />and agents in the performance of their official EWU duties in good faith under this Agreement will be <br />paid from the tort claims liability account as provided in RCW 4.92.130. <br /> <br />4. Agency shall maintain adequate self-insurance throughout the term of this agreement to cover <br />Agency’s liabilities under this Agreement. <br /> <br /> <br /> <br /> <br />5. As required by the Agency for participation in the Program, students will be required to have <br />professional liability coverage with minimum limits of $1,000,000 each claim and $3,000,000 in <br />the aggregate. Certificates of such coverage will be provided to the Agency upon request. <br /> <br />G. TERM. This Agreement shall commence on the date of the last signature and continue thereafter from year <br />to year. The Agreement shall be reviewed no later than three (3) years from its effective date, or earlier at <br />the request of either party. <br /> <br />H. TERMINATION. This Agreement may be canceled by giving the other party at least ninety (90) days <br />advance, written notice of its intention to terminate. In the event of termination, it shall not become effective <br />for students already enrolled and participating in the Program until they have completed their current <br />rotation. <br /> <br />I. NOTICE. The following persons shall be the point of contact for all notices and communications regarding the <br />performance of this Agreement. All notices, demands, requests, or other communications required to be given <br />or sent by EWU or Agency will be in writing and transmitted by email, facsimile, mailed by first-class mail, <br />postage prepaid or by hand delivery to: <br /> <br />Agency EWU <br /> <br /> <br /> <br /> <br /> <br /> <br />Email: <br />Phone: <br />Fax: <br /> <br />Procurement & Contracts <br />Eastern Washington University <br />218 Tawanka Hall <br />Cheney, WA 99004-2456 <br /> <br />Email: contracts@ewu.edu <br />Phone: (509) 359-2253 Fax: (509) 359-7984 <br /> <br />Each party may designate a change of address by notice in writing. All notices, demands, requests, or <br />communications that are mailed will be deemed received three (3) days after deposit in the U.S. mail, postage <br />prepaid. <br /> <br />J. AMENDMENTS. This Agreement may be amended by mutual agreement of the parties. Such amendments <br />shall not be binding unless they are in writing and signed by personnel authorized to bind each of the <br />parties. <br /> <br />K. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties, and <br />supersedes all prior oral or written agreements, commitments, or understandings concerning the <br />matters provided for in this Agreement. <br /> <br />L. GOVERNING LAW AND VENUE. The parties’ rights and obligations under this Agreement will be construed <br />in accordance with, and any claim or dispute relating thereto will be governed by, the laws of the State of <br />Kelli J Roark <br />KRoark@everettwa.gov <br />425.740.4314 <br />2930 Wetmore Ave <br />Everett, WA 98201