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12 <br /> DAHP Contract#FY18-61018-003 <br /> M. Federal funds are the basis for this contract.The GRANTEE certifies that neither <br /> it nor its principals are presently debarred,declared ineligible,or voluntarily <br /> excluded from participation in transactions by any federal department or agency. <br /> Should for any reason the Federal funds which are the basis for this agreement <br /> become withdrawn,the agreement may be terminated without penalty to the <br /> DEPARTMENT. <br /> To the fullest extent permitted by law,Contractor shall indemnify, defend and <br /> hold harmless State,agencies of State and all officials,agents and employees of <br /> State,from and against all claims for injuries or death arising out of or resulting <br /> from the performance of the Contract. Contractor's obligation to indemnify, <br /> defend,and hold harmless includes any claim by Contractors' agents,employees, <br /> representatives,or any subcontractor or its employees. <br /> Contractor expressly agrees to indemnify,defend, and hold harmless the State for <br /> any claim arising out of or incident to Contractor's or any subcontractor's <br /> performance or failure to perform the Contract. Contractor's obligation to <br /> indemnify, defend,and hold harmless the State shall not be eliminated or reduced <br /> by any actual or alleged concurrent negligence of State or its agents,agencies, <br /> employees and officials. <br /> Consistent with RCW 43.17.320.340,the parties shall make every effort to <br /> resolve disputes arising out of,or relating to,this contract through discussion and <br /> negotiation. <br /> Should discussion and negotiation fail to resolve a dispute arising under this <br /> contract,the parties shall select a dispute resolution team to resolve the dispute. <br /> The team shall consist of a representative appointed by the director of each party <br /> and a third party mutually agreed upon by the director of each party.The team <br /> shall attempt,by majority vote,to resolve the dispute.If the dispute cannot be <br /> resolved in this fashion,either party may request assistance from the Governor <br /> pursuant to RCW 43.17.330. • <br /> o. The GRANTEE agrees to provide or purchase industrial insurance coverage,as <br /> applicable,prior to performing work under this agreement. The DEPARTMENT <br /> will not be responsible for payment of industrial insurance premiums or for any <br /> other claim or benefit for this GRANTEE,or any sub-grantee or employee of the <br /> GRANTEE,which might arise under the industrial insurance laws during <br /> performance of duties and services under this agreement.If the Department of <br /> Labor and Industries,upon audit,determines that industrial insurance payments <br /> are due and owing as a result to work performed under this agreement,those <br /> payments shall be made by the GRANTEE;the GRANTEE shall indemnify the <br /> DEPARTMENT and guarantee payment of such amounts. <br /> 140 <br />