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Informational Addendum—GCB2316 <br /> Washington's Department of Transportation requires the City of Everett(referred to as the <br /> "CONTRACTOR")to include and manage the following clauses in all contracts and invitations to bid <br /> its agents, employees and officers arising out of, in connection with or incident to the negligent acts omissions of <br /> the CONTRACTOR, its agents, employees and officers. Provided, however,that nothing herein shall require the <br /> CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the <br /> extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents,employees or officers. <br /> The indemnification and hold harmless provision shall survive termination of this AGREEMENT. <br /> B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the <br /> CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be <br /> employees of WSDOT. <br /> C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's <br /> employees and/or subcontractors and solely for the purposes of this indemnification and defense, the <br /> CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law,Title 51 Revised Code <br /> of Washington. <br /> D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to <br /> enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and <br /> expenses shall be recoverable by the prevailing PARTY. <br /> Section 25 <br /> Personal Liability of Public Officers <br /> No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this <br /> AGREEMENT,it being understood that in such matters he or she is acting solely as an agent of WSDOT. <br /> 1 <br /> 1 <br /> 1 <br />