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44, <br /> Section 12 <br /> Forbearance by WSDOT Not a Waiver <br /> Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded <br /> by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br /> Section 13 <br /> Waiver <br /> In no event shall any WSDOT payment of grant funds to the Contractor constitute or be <br /> construed as a waiver by WSDOT of any Contractor breach, or default which and shall in no way <br /> impair or prejudice any right or remedy available to WSDOT with respect to any breach or <br /> default. <br /> Section 14 <br /> Independent Contractor <br /> The Contractor shall be deemed an independent Contractor for all purposes, and the employees <br /> of the Contractor or any of its subcontractors and the employees thereof, shall not in any manner <br /> be deemed to be employees of WSDOT. <br /> Section 15 <br /> WSDOT Advice <br /> The Contractor bears complete responsibility for the administration and success of the Project as <br /> it is defined by this Agreement and any amendments thereto. Although the Contractor is allowed <br /> to seek the advice of WSDOT on problems that may arise, the offering of WSDOT advice shall <br /> not shift the responsibility of the Contractor for the correct administration and success of the <br /> Project, and WSDOT shall not be held liable for offering advice to the Contractor. <br /> Section 16 <br /> Limitation of Liability and Indemnification <br /> No liability shall be attached to WSDOT or the Contractor by reason of entering into this <br /> Agreement except as expressly provided herein. This Agreement is not intended to benefit any <br /> third party. The Contractor shall indemnify and hold WSDOT, its agents, employees, and/or <br /> officers harmless from, and shall process and defend at its own expense, any and all claims, <br /> demands, suits, penalties, losses, damages, or costs of whatsoever kind or nature (hereafter <br /> "claims") brought against WSDOT arising out of or incident to the execution, performance or <br /> failure to perform of or under this Agreement; provided, however, that if such claims are caused <br /> by or result from the concurrent negligence of(a) the Contractor, its agents, employees, and/or <br /> officers and (b) WSDOT, its agents, employees, and/or officers, this indemnity provision shall <br /> be valid and enforceable only to the extent of the negligence of the Contractor, its agents, <br /> employees, and/or officers; and provided further that nothing herein shall require the Contractor <br /> to hold harmless or defend WSDOT, its agents, employees, and/or officers from any claims <br /> arising from the sole negligence of WSDOT, its agents, employees, and/or officers. <br /> 12 <br /> Page 5 • GCA3666 <br />