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<br />INDEMNIFICATION
<br />To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless State,
<br />agencies of State and all officials, agents and employees of State, from and against all claims for injuries or
<br />death arising out of or resulting from the performance of the contract. “Claim,” as used in this contract, means
<br />any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees,
<br />attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property
<br />including loss of use resulting therefrom.
<br />The GRANTEE’S obligations to indemnify, defend, and hold harmless includes any claim by the GRANTEES’
<br />agents, employees, representatives, or any Subcontractor or its employees.
<br />The GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of
<br />or incident to the GRANTEE’S or any Subcontractor’s performance or failure to perform the contract. The
<br />GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced
<br />by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials.
<br />The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and
<br />hold harmless State and its agencies, officials, agents or employees.
<br />INDEPENDENT CAPACITY OF THE GRANTEE
<br />The parties intend that an independent contractor relationship will be created by this contract. The GRANTEE
<br />and his or her employees or agents performing under this contract are not employees or agents of the
<br />AGENCY. The GRANTEE will not hold himself/herself out as or claim to be an officer or employee of the
<br />AGENCY or of the State of Washington by reason hereof, nor will the GRANTEE make any claim of right,
<br />privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be
<br />solely with the GRANTEE.
<br />INDIRECT COSTS
<br />The GRANTEE is entitled to reimbursement of indirect costs, subject to any statutory or regulatory
<br />administrative cost limitations, if the GRANTEE has a current federally-approved indirect cost rate agreement;
<br />or has submitted an indirect cost rate proposal to their cognizant federal agency for review and approval and a
<br />final rate has been determined by the cognizant agency. The GRANTEE is responsible for maintaining an
<br />approved indirect cost rate for the life of this contract. If the GRANTEE has a difference between their
<br />provisional rate and final rate the GRANTEE is not entitled to more than the contract value without prior
<br />approval from the AGENCY. The GRANTEE may elect a deminimus indirect rate of 15% of Modified Total
<br />Direct Cost if the GRANTEE has not had an approved indirect cost rate agreement negotiated with the federal
<br />government.
<br />INDUSTRIAL INSURANCE COVERAGE
<br />The GRANTEE shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the GRANTEE fails to
<br />provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees, as may
<br />be required by law, the AGENCY may collect from the GRANTEE the full amount payable to the Industrial
<br />Insurance accident fund. The AGENCY may deduct the amount owed by the GRANTEE to the accident fund
<br />from the amount payable to the GRANTEE by the AGENCY under this contract, and transmit the deducted
<br />amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does
<br />not waive any of L&I’s rights to collect from the GRANTEE.
<br />INSURANCE
<br />The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
<br />insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising
<br />from any negligent or intentional act or omission of the GRANTEE or Subcontractor, or agents of either, while
<br />performing under the terms of this contract.
<br />The GRANTEE shall provide insurance coverage, which shall be maintained in full force and effect during the
<br />term of this contract, as follows:
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