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6 <br /> performance of the services described herein. These records are subject to inspection, review, or <br /> audit by personnel of both parties, other personnel duly authorized by either party, the Office of the <br /> State Auditor, and federal officials so authorized by law.All books, records, documents, and other <br /> material relevant to this agreement must be retained for six years after expiration, and the Office of <br /> the State Auditor,federal auditors, and any persons duly authorized by the parties must have full <br /> access and the right to examine any of these materials during this period. <br /> Records and other documents, in any medium,furnished by one party to this agreement to the <br /> other party, will remain the property of the furnishing party, unless otherwise agreed. Each party <br /> shall utilize reasonable security procedures and protections to assure that records and documents <br /> provided by the other party are not erroneously disclosed to third parties. <br /> INDEPENDENT CAPACITY <br /> The employees or agents of each party who are engaged in the performance of this agreement will <br /> continue to be employees or agents of that party, and will not be considered for any purpose to be <br /> employees or agents of the other party. <br /> AGREEMENT ALTERATIONS AND AMENDMENTS <br /> This agreement may be amended by mutual agreement of the parties. Such amendments are not <br /> binding unless they are in writing. <br /> INDEMNIFICATION <br /> Each party is responsible for the actions and inactions of itself and its own officers, employees, <br /> and agents acting within the scope of their authority. <br /> TERMINATION FOR CAUSE <br /> If STATE PARKS determines that AGENCY is not in compliance with the minimum requirements of <br /> this agreement, the State Parks Marine Law Enforcement Coordinator will notify AGENCY in <br /> writing of the deficiency.AGENCY will have forty-five days following receipt of the notice of <br /> deficiency to submit a plan satisfactory to STATE PARKS to remedy the deficiency. If, after forty- <br /> five days, AGENCY has not submitted a plan to STATE PARKS for remedying the deficiency or is <br /> unable to demonstrate its ability to meet minimum requirements, STATE PARKS will have the <br /> option to terminate this agreement. If AGENCY disagrees with STATE PARKS' decision to cancel <br /> this agreement,AGENCY may seek a hearing per chapter 34.05 RCW,the Administrative <br /> Procedure Act to contest this decision. <br /> DISPUTES <br /> Updated 11/30/2017 Page 2 of 25 <br /> 38 <br />