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8 <br /> Section 17 <br /> Hold Harmless <br /> It is understood and agreed that this AGREEMENT is solely for the benefit of the PARTIES <br /> hereto and gives no right to any other party. No joint venture or partnership is formed as a result <br /> of this AGREEMENT. Each PARTY hereto agrees to be responsible and assumes liability for <br /> its own negligent acts or omissions, or those of its officers, agents or employees. Each <br /> agreement, contract or subcontract for services or activities to further the terms of this <br /> AGREEMENT shall include an indemnification and hold harmless clause providing that <br /> WSDOT and the State of Washington are not liable for damages or claims for damages arising <br /> from any city, town, designee or subcontractor's performance or activities under the terms of <br /> those agreements, contracts or subcontracts. <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 <br /> initiated in the Superior Court of the State of Washington situated in Thurston County. The <br /> CONTRACTOR hereby accepts service of process by registered mail consistent with RCW <br /> 4.28.080(1). Each PARTY shall-bear its own legal costs and expenses, including attorney fees, <br /> in any such litigation. <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 <br /> with the Americans with Disabilities Act (ADA), Public Law 101-336, which provides <br /> comprehensive civil rights protection to individuals with disabilities in the areas of employment <br /> public 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 <br /> shall not affect the validity or obligation of performance of any other covenant or provision, or <br /> part 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 of 17 OCA 5396 <br /> 52 <br />