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8 <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 <br /> no way impair or prejudice any right or remedy available to WSDOT with respect to any breach <br /> or default. In no event shall acceptance of any WSDOT payment of grant funds by the <br /> CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT <br /> breach, or default which and shall in no way impair or prejudice any right or remedy available to <br /> CONTRACTOR with respect to any breach or default. <br /> Section 14 <br /> Independent Contractor <br /> The CONTRACTOR shall be deemed an independent CONTRACTOR for all purposes, and the <br /> employees of the CONTRACTOR or any of its subcontractors and the employees thereof, shall <br /> not in any manner 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 <br /> work as it is defined in this AGREEMENT and any amendments thereto. Although the <br /> CONTRACTOR is allowed to seek the advice of WSDOT, the offering of WSDOT advice shall <br /> not modify the CONTRACTOR's rights and obligations under this AGREEMENT, and WSDOT <br /> shall not be held liable for offering advice to the CONTRACTOR. <br /> Section 16 <br /> Limitation of Liability and Indemnification <br /> A. No liability shall attach to WSDOT or the CONTRACTOR by reason of entering into this <br /> AGREEMENT, except as expressly provided herein. This AGREEMENT is not intended to <br /> benefit any third party. The CONTRACTOR shall indemnify and hold WSDOT, its agents, <br /> employees, and/or officers harmless from, and shall process and-defend at its own expense, any <br /> and all claims, demands, suits, penalties, losses, damages (both to persons and property), or costs <br /> of whatsoever kind or nature (hereafter "claims") brought against WSDOT arising out of or <br /> incident to the execution, performance or failure to perform under this AGREEMENT; provided, <br /> however, that if such claims are caused by or result from the concurrent negligence of (a) the <br /> CONTRACTOR, its agents, employees, and/or officers and (b) WSDOT, its agents, employees, <br /> and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the <br /> negligence of the CONTRACTOR, its agents, employees, and/or officers; and provided further <br /> that nothing herein shall require the CONTRACTOR to hold harmless or defend WSDOT, its <br /> agents, employees, and/or officers from any claims arising from the sole negligence of WSDOT, <br /> its agents, employees, and/or officers. <br /> B. The CONTRACTOR specifically assumes potential liability for actions brought by <br /> CONTRACTOR's employees and/or subcontractors and solely for the purposes of this <br /> indemnification and defense, the CONTRACTOR specifically waives any immunity under the <br /> State Industrial Insurance Law,Title 51 Revised Code of Washington. <br /> 5 y Page 5 of 17 <br /> OCA 5396 <br />