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<br /> specifying such coverage to WSDOT with the first request for reimbursement, and supply proof of renewal annually
<br /> thereafter;or
<br /> 2. The CONTRACTOR shall certify that it has self-insurance and provide a written certificate of self-insurance to
<br /> WSDOT with the first request for reimbursement,and annually thereafter. The CONTRACTOR will cover from its own
<br /> resources the costs of repairing or replacing any Project facilities,associated equipment and/or infrastructure,if it is stolen,
<br /> damaged,or destroyed in any manner.
<br /> B. If the damage to the Project does not result in a total loss, payments for damage shall be paid directly to the
<br /> CONTRACTOR The CONTRACTOR shall,within thirty(30)days,either:
<br /> 1. Devote all of the insurance proceeds received to repair the Project and place it back in service, and the
<br /> CONTRACTOR shall,at its own expense,pay any portion of the cost of repair which is not covered by insurance;or
<br /> • 2. In the event the CONTRACTOR certified to self-insurance,devote all funds necessary to repair the Project and
<br /> place it back into service. •
<br /> C. If the Project is a total loss,either by theft or damage,the insurance proceeds or equivalent shall be paid directly to
<br /> the CONTRACTOR and within fifteen(15)days the CONTRACTOR shall pay WSDOT its proportionate funded share
<br /> of such proceeds received. The CONTRACTOR shall within sixty(60)days of loss,theft,or damage,notify WSDOT that
<br /> it either: .
<br /> 1. Intends to replace the lost Project facilities,associated equipment and/or infrastructure;or
<br /> 2. Does not intend to replace the lost Project facilities,associated equipment and/or infrastructure.
<br /> D If the CONTRACTOR intends to replace the Project facilities,associated equipment and/or infrastructure then WSDOT
<br /> will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in
<br /> insurance proceeds.
<br /> E. Coverage,if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as
<br /> having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability
<br /> section of this AGREEMENT,or otherwise.
<br /> Section 24
<br /> Liens on the Project
<br /> WSDOT shall be listed as the legal owner on titles and hold titles for all vehicles.the CONTRACTOR acquires using
<br /> federal funds through WSDOT's grant program.WSDOT will have legal ownership to any non-vehicle Project Equipment
<br /> the CONTRACTOR acquires or modifies using the "Federal and/or State Funds"identified in the caption space of this
<br /> AGREEMENT titled "Project Costs". When the Contractor acquires vehicles using state funds provided through
<br /> WSDOT's grant program,WSDOT may within its discretion, allow the CONTRACTOR to be listed as the legal owner
<br /> and hold title. In all cases,WSDOT will maintain a copy of titles for all funded vehicles under this agreement and oversight
<br /> responsibility on those vehicles through their minimum useful life.
<br /> The CONTRACTOR accepts WSDOT's legal title to the Project and any portion thereof during its useful life as set forth
<br /> in this Section and agrees that it shall not use the Project or any portion thereof as collateral,nor shall the CONTRACTOR
<br /> . encumber the Project in any way. The CONTRACTOR shall follow the terms stated in Section 11A regarding use and
<br /> disposal of the Project and/or any portion thereof. WSDOT's lien shall equal the proportional Federal and/or State funded
<br /> share, as identified in this AGREEMENT,of the disposable value of the Project and any portion thereof. Satisfaction of
<br /> WSDOT's lien maybe satisfied only by proper disposal of the Project and any portion thereof in a manner determined by
<br /> WSDOT.
<br /> Section 25
<br /> Limitation of Liability
<br /> A. The CONTRACTOR shall indemnify and hold WSDOT,its agents,employees,and officers harmless from and process
<br /> and defend at.its own expense any and all claims,demands, suits at law or equity,actions,penalties,losses,damages,or
<br /> costs(hereinafter referred to collectively as"claims"),of whatsoever kind or nature brought against WSDOT arising out
<br /> of,in connection with or incident to this AGREEMENT and/or the CON1'RACTOR's performance or failure to perform
<br /> any aspect of this AGREEMENT.This indemnity provision applies to all claims against WSDOT,its agents,employees
<br /> and officers arising out of, in connection with or incident to the negligent acts or omissions of the CONTRACTOR, its
<br /> agents,employees,officers and subcontractors.Provided,however,that nothing herein shall require the CONTRACTOR
<br /> to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are •
<br /> caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers;and provided further that if
<br /> such claims result from the concurrent negligence of(a)the CONTRACTOR its employees, agents,officers or contractors
<br /> and(b)the STATE,its employees or authorized agents,or involves those actions covered by RCW 4.24.115,the indemnity
<br /> provisions provided herein shall be valid and enforceable only to the extent of the negligence of the PARTY,its employees,
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