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4 <br /> 5. COMPLIANCE <br /> 5.1 The UTILITY agrees to comply with all applicable requirements of the STATE in accordance <br /> with the Utilities Accommodation Policy, Chapter 468-34 WAC, and amendments thereto, and said policy <br /> and amendments are hereby incorporated in and made a part of this AGREEMENT for all intents and <br /> purposes as if fully set forth herein. <br /> 6. RIGHT OF ENTRY <br /> 6.1 The UTILITY hereby grants to the STATE a right of entry upon all land in which the UTILITY <br /> has interest, if any, for the purpose of performing any work pursuant to this AGREEMENT. <br /> 6.2 Upon completion of the work outlined herein, the UTILITY shall become the owner of the <br /> facilities and all future operation and maintenance of the UTILITY's facilities shall be at the sole cost of the <br /> UTILITY and without expense or liability to the STATE. <br /> 7. PERMIT OR FRANCHISE <br /> 7.1 Upon execution of this AGREEMENT, the UTILITY shall apply for and the STATE shall issue a <br /> permit for the UTILITY-owned facilities to remain within the STATE-owned limited access right of way. <br /> 8. LEGAL RELATIONS <br /> 8.1 The UTILITY shall indemnify and hold harmless the STATE and its agents, employees, and/or <br /> officers from and shall process and defend at its own expense any and all claims, demands, suits at law or <br /> equity, actions, penalties, losses, damages (both to persons and property), or costs, of whatsoever kind or <br /> nature, brought against the STATE arising out of, in connection with, or incident to the execution of this <br /> AGREEMENT and/or the UTILITY's performance or failure to perform any aspect of this AGREEMENT; <br /> provided, however, that if such claims are caused by or result from the concurrent negligence of(a) the <br /> UTILITY and (b)the STATE, its agents, employees and/or officers, this indemnity provision shall be valid <br /> and enforceable only to the extent of the negligence of the UTILITY; and provided further, that nothing <br /> herein shall require the UTILITY to hold harmless or defend the STATE, its agents, employees and/or <br /> officers from any claims arising from the sole negligence of the STATE, its agents, employees, and/or <br /> officers. <br /> 8.2 The indemnification provision herein shall survive the termination of this AGREEMENT. <br /> 14, <br /> PAGE-3 of 4 AGREEMENT UT 01100 <br />