|
VI. RELATIONSHIP TO EXISTING CONTRACT OR AGREEMENT WITH WSDA FOR CONTROL OF
<br /> AQUATIC NOXIOUS WEEDS
<br /> If the Applicant is a party to an existing contract with WSDA for the control of noxious,
<br /> emergent aquatic weeds, the existing contract is hereby amended consistent with the terms,
<br /> conditions, and requirements of this Application for Limited Agent Status, the Permit, and state
<br /> and federal law. If any conflict is found between an existing contract and the terms, conditions,
<br /> and requirements of this Application for Limited Agent Status,the Permit, and state and federal
<br /> law, this Application for Limited Agent Status,the Permit, and state and federal law shall
<br /> control.
<br /> An Applicant's responsibilities and liabilities under this Application for Limited Agent Status
<br /> shall not be waived or limited by any Interagency Agreement the Applicant may have with
<br /> WSDA for aquatic noxious weed control.
<br /> VII. INDEMNIFICATION
<br /> To the fullest extent permitted by law,the Applicant and its agents, employees,principals,
<br /> successors, and assigns, shall indemnify, defend, and hold harmless WSDA and the State of
<br /> Washington, and all officials, agents, and employees of WSDA and the State of Washington,
<br /> from and against all liability, damages, claims, demands, actions, causes of action, attorney's
<br /> fees (including on appeal), costs and expenses of whatever nature arising directly or indirectly
<br /> from or relating to actions taken under this Application for Limited Agent Status, including
<br /> specifically any failure to perform or violation of the terms, conditions, and requirements of this
<br /> Application for Limited Agent Status, the Permit, or state or federal laws. The Applicant's
<br /> obligation to indemnify, defend and hold harmless includes any claim by the Applicant's agents,
<br /> employees,representatives, or any subcontractor or subcontractor's employees, and that
<br /> obligation includes any liability, demand, claim, action, or cause of action, whether civil,
<br /> criminal or administrative, threatened or commenced by any third party under the terms of the
<br /> Permit, the Clean Water Act or the rules promulgated thereunder, the Federal Insecticide,
<br /> Fungicide and Rodenticide Act,the Endangered Species Act, the state Pesticide Application Act
<br /> (RCW 17.21), the state Pesticide Control Act(RCW 15.58), or other state or federal law. The
<br /> Applicant's obligation to indemnify, defend and hold harmless does not extend to any claims
<br /> caused by or arising from the sole negligence of WSDA or the State of Washington or any
<br /> official, agent, or employee of WSDA or the State of Washington.
<br /> WSDA and the Applicant each shall give the other prompt notice upon receiving any notice,
<br /> claim, or enforcement action alleging that actions taken or required to be taken under this
<br /> Application for Limited Agent Status constitute a violation of the Permit, the Clean Water Act or
<br /> the rules promulgated thereunder, the Federal Insecticide,Fungicide and Rodenticide Act,the
<br /> Endangered Species Act,the state Pesticide Application Act (RCW 17.21), the state Pesticide
<br /> Control Act (RCW 15.58), or other state or federal law. WSDA and the Applicant may
<br /> separately or cooperatively contest, defend, or appeal any such notice, claim, or enforcement
<br /> action, but WSDA's right to be indemnified and held harmless under this Section VII shall not
<br /> be diminished thereby.
<br /> Page 5 of 6
<br />
|