~~Agency/State <br /> Agreement No.23853 <br /> shall include the State of Oregon; Transportation Commission and its members, <br /> Department of Transportation, officers 'and employees as additional insured. <br /> Agency shall provide a copy of the certificate to State prior to construction of the <br /> Project. The insurance coverage shall not be amended, altered, modified or <br /> cancelled insofar as the coverage contemplated herein is concerned without at least <br /> 30 days prior written notice. <br /> 8. Agency shall indemnify, defend, save, and hold harmless the State of Oregon,. the <br /> Oregon Transportation Commission and its members, the Oregon Department" of <br /> Tran <br /> s ortation their officer <br /> p s a ents and em to ees from and a ainst an <br /> 9 ~ p Y g y and all <br /> claims u' <br /> s its, actions, losses, damages, costs, expenses, and liabilities of any. nature <br /> whatsoever resulting from, arising out of, or relating to the activities of Agency or its <br /> .officers, employees, subcontractors, or agents under this Agreement. <br /> 9. Notwithstanding the foregoing defense obligations under paragraph 8 above, neither <br /> Agency nor. any attorney engaged by Agency shall defend any claim in the name of <br /> the State of Oregon or any agency of the State of Oregon, nor purport to act as legal <br /> representative of the State of Oregon or any of its agencies, without the prior written <br /> consent of the Oregon Attorney General. The State of Oregon may, at anytime at its <br /> election assume its own defense and settlement in the event that it determines that <br /> Agency is prohibited from defending the State of Oregon, or that Agency is not <br /> adequately defending the State of Oregon's interests, or that an important <br /> governmental principle is at issue or that it is in the best interests of the State of <br /> Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may <br /> have against Agency if the State of Oregon elects to assume its own defense. <br /> 10. Agency shall be responsible for all costs not covered by State funding. ~St=ate~#undtng <br /> ~as~li~ited~to$3456~00: <br /> 11. Age:nc_yw-,shatt~b~M~responsible for all costs and expenses rel~tedvto its-employment of <br /> ipdiuid~uais~top~rforra~ the work under this Agreement, including with:out~~lita'titation, <br /> retirerner~ts-=system~con~rb~fions, workers' compensation, unemployment taxes,~xi~nd <br /> .state ancF#ederai~withhol~J~ir~gs.` <br /> 12.A11 employers, including Agency, that employ subject workers who work under this <br /> Agreement in the State of Oregon shall comply with ORS 656.017 and provide the <br /> required workers' compensation coverage unless such employers are exempt under <br /> ORS 656.126. Agency shall ensure that each of its subcontractors complies with <br /> these requirements. <br /> <br /> 13. Agency shall, upon completion of Project, maintain the Project at its own cost and <br /> expense, and in a manner satisfactory to State. <br /> 3 <br /> <br />