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WDFW #19-11986 Law Enforcement Services Contract Page 5 of 14 <br />7. Hold Harmless. Each party to this contract will be assigned, and assume <br />responsibility for any damages to third parties that are attributable to the negligent <br />acts or omissions of the individual party. Both parties agree, to the extent permitted by <br />law, to defend, protect, save and hold harmless the other party, its officers, agents, <br />and employees from any and all claims, costs, damages, and expenses suffered due <br />to each party's own actions or those of its agents or employees in the performance of <br />this contract. <br />8. Independent Capacity. The employees or agents of each party who are engaged in the <br />performance of this contract shall continue to be employees or agents of that party and <br />shall not be considered for any purpose to be employees or agents of the other party. <br />9. Nondiscrimination. During the performance of this contract, both parties shall comply <br />with all federal and state nondiscrimination laws, regulations and policies. <br />10. Order of Precedence. In the event of any inconsistency in the terms of this Contract, <br />or between its terms and any applicable statute or rule, the inconsistency shall be <br />resolved by giving precedence in the following order to: applicable federal and state <br />laws, regulations and rules; any provision of this Contract; and any document <br />incorporated by reference. <br />11. Personnel. WDFW Officers performing work under the terms of this Contract shall be <br />under the direct command and control of the Chief of WDFW’s Enforcement Program <br />or designee and shall perform duties required under this Contract in a manner <br />consistent with WDFW policy and regulations, and applicable federal, state and local <br />laws. The assignment of WDFW Officers under this Contract shall be at the discretion <br />of the Chief of WDFW’s Enforcement Program or designee. <br />12. Severability. The provisions of this contract are intended to be severable. If any term <br />or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity <br />shall not affect the validity of the remainder of the contract. <br />13. Termination. Either party may terminate this contract upon 30-days' prior written <br />notification to the other party. If this contract is so terminated, the parties shall be liable <br />only for performance rendered or costs incurred in accordance with the terms of this <br />contract prior to the effective date of termination. <br />14. Waiver. A failure by either party to exercise its rights under this contract shall not <br />preclude that party from subsequent exercise of such rights and shall not constitute a <br />waiver of any other rights under this contract unless stated to be such in a writing signed <br />by an authorized representative of the party and attached to the original contract.