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• <br /> • <br /> 4 <br /> Section 17 <br /> Hold Harmless <br /> It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and <br /> gives no right to any other party. No joint venture or partnership is formed as a result of this <br /> Agreement. Each party hereto agrees to be responsible and assumes liability for its own <br /> negligent acts or omissions, or those of its officers, agents or employees, and agrees to save, <br /> indemnify, defend, and hold harmless the other party from such liability. Each contract for <br /> service or activities utilizing funds provided in whole or part by this Agreement shall include a <br /> provision that WSDOT and the State of Washington are not liable for damage or claims for <br /> damages arising from any city, town, designee or subcontractor's performance or activities under <br /> the terms of those contracts. <br /> Section 18 <br /> Governing Law,Venue,and Process <br /> This Agreement shall be construed and enforced in accordance with, and the validity and <br /> performance thereof shall be governed by the laws of the State of Washington. In the event that <br /> either party deems it necessary to institute legal action or proceedings to enforce any right or <br /> obligation under this Agreement,the parties hereto agree that any such action shall be initiated in <br /> the Superior Court of the State of Washington situated in Thurston County. The Contractor <br /> hereby accepts service of process by registered mail consistent with RCW 4.28.080(1). Each <br /> party shall bear its own legal costs and expenses, including attorney fees, in any such litigation. <br /> The parties may bilaterally elect to submit their dispute to mediation or arbitration on such terms <br /> as are agreed upon by the parties. <br /> Section 19 <br /> Compliance with Laws and Regulations <br /> The Contractor agrees to abide by all applicable state and federal laws and regulations, <br /> including, but not limited to, those concerning employment, equal opportunity employment, <br /> nondiscrimination assurances, project record keeping necessary to evidence agreement <br /> compliance, and retention of all such records. The Contractor will adhere to all of the <br /> nondiscrimination provisions in Chapter 49.60 RCW. The Contractor will also comply with the <br /> Americans with Disabilities Act (ADA), Public Law 101-336, which provides comprehensive <br /> civil rights protection to individuals with disabilities in the areas of employment public <br /> accommodations, state and local government services and telecommunication. <br /> Section 20 <br /> Section Headings <br /> All section headings are inserted for convenience only and shall not affect any construction or <br /> interpretation of this Agreement. <br /> Section 21 <br /> Severability <br /> If any covenant or provision of this Agreement shall be adjudged void, such adjudication shall <br /> not affect the validity or obligation of performance of any other covenant or provision, or part <br /> thereof, that in itself is valid if such remainder conforms to the terms and requirements of <br /> applicable law and the intent of this Agreement. No controversy concerning any covenant or <br /> provision shall delay the performance of any other covenant or provision except as herein <br /> allowed. <br /> Page 6 GCA3666 <br /> 13 <br />