King County Metro 12/27/2016 - Laserfiche WebLink

provided that such non-performance is beyond the control and is not due to the fault or negligence of the Party not performing. 12. NONDISCRIMINATION Everett Transit agrees to comply with all applicable federal, state, and local laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of any and all subcontractors providing services or performing any work using funds provided under this Agreement. During the performance of this Agreement, neither Everett Transit nor any entity subcontracting under the authority of this Agreement, shall discriminate or tolerate harassment on the basis of sex,race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions,unless based upon a bona fide occupational qualification, in the administration or delivery of services or any other benefits under this Agreement. 13. INDEMNIFICATION Everett Transit and its successors and assigns shall protect, save, defend, indemnify and hold harmless the County, its elected officials, officers, employees, and agents while acting within the scope of their employment as such, from any and all costs, claims, actions,judgments, and/or awards of damages or costs of any nature whatsoever, arising out of or in any way resulting from Everett Transit's acts or omissions in performing its obligations under this Agreement. Everett Transit agrees that it is fully responsible for the acts and omissions of its own contractors, subcontractors, employees, and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Everett Transit agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Everett Transit's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the County only, and only to the extent necessary to provide the County, its elected officials, officers, employees, and agents with a full and complete indemnity of claims made by Everett Transit's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. The provisions of this Section 13 shall survive the expiration or earlier termination of this Agreement. Regional Transit ORCA Marketing and TDM Project Agreement Between The City of Everett and King County Metro Page7of 12