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NOTICE OF INTENT Page 3 of 4
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<br /> monitoring in accordance with the permit requirements.
<br /> B. COMPLIANCE WITH REQUIREMENTS OF NPDES PERMIT
<br /> By applying for coverage for aquatic mosquito larvae control under DOH's National Pollutant
<br /> Discharge Elimination System (NPDES) General Permit coverage, Entity and Applicator shall
<br /> comply with the terms of the Statewide NPDES General Permit for discharges of aquatic pesticides to
<br /> control mosquito larvae in surface waters of the United States, an electronic copy of which is attached
<br /> hereto and incorporated herein as Exhibit "A".
<br /> Furthermore, upon receipt of coverage, Entity and Applicator acknowledge and accept full and
<br /> complete responsibility and liability for any violation of the Statewide NPDES General Permit
<br /> for Aquatic Mosquito Control or a violation of the Clean Water Act which occurs as a result of
<br /> Entity's and/or Applicator's actions or failure to act under the coverage provided by this permit. Entity
<br /> and Applicator also accept any penalty imposed for a violation of same.
<br /> Entity's responsibility and liability shall not be waived by any Interagency Agreement Entity may
<br /> have with Department of Health for aquatic mosquito control.
<br /> C. INDEMNIFICATION
<br /> To the fullest extent permitted by law, the Entity and Applicator, Entity's and Applicator's agents,
<br /> employees,principals, successors and assigns, shall indemnify, defend, and hold harmless the State of
<br /> Washington, the Agency, and all officials, agents and employees of the State, from and against all
<br /> liability, damages, claims, demands, actions, causes of action, attorney's fees (including on appeal),
<br /> costs and expenses of whatever nature arising directly or indirectly from or relating to WDOH's
<br /> extension of coverage to Entity and Applicator under the NPDES permit and Entity's and/or
<br /> Applicator's activities there under. Entity's and Applicator's obligation to indemnify, defend and hold
<br /> harmless includes any claim by Entity's and Applicator's agents, employees, representatives, or any
<br /> subcontractor or its employees, and any liability, demand, claim, action, or cause of action, whether
<br /> civil, criminal or administrative, threatened or commenced by any third party under the terms of the
<br /> permit, the Clean Water Act, and the rules promulgated there under, Federal Insecticide, Fungicide
<br /> and Rodenticide Act, the Endangered Species Act, Washington's Pesticide Application Act (RCW
<br /> 17.21) and Pesticide Control Act (RCW 15.58), or other state or federal law. Entity and Applicator
<br /> expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or
<br /> incident to Entity's and/or Applicator's or their respective agent's, employee's or subcontractor's
<br /> performance or failure to perform or violation of the terms of the NPDES permit and state and federal
<br /> law. Entity's and Applicator's obligation to indemnify, defend and hold harmless the State shall not be
<br /> eliminated or reduced by any actual or alleged concurrent negligence of the State, or its agents,
<br /> agencies, employees or officials.
<br /> D. INDEPENDENT CAPACITY OF THE ENTITY AND APPLICATOR
<br /> By extending coverage to Entity and Applicator under the NPDES permit, neither DOH nor the Entity
<br /> or Applicator intend for the Entity or Applicator, and their respective employees or agents acting
<br /> under the permit to, be employees or agents of the State. The Entity and Applicator will not hold
<br /> itself out as or claim to be an officer or employee of the State of Washington by reason hereof, nor
<br /> will the Entity and Applicator make any claim of right, privilege or benefit which would accrue to
<br /> such employee under law. The conduct and control of the activities under the permit will be solely
<br /> with the Entity and Applicator.
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