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Agency/State ~ ' <br /> Agreement No.22236 <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. Up to the limits of the Oregon Tort Claims Act, Agency. shall indemnify, defend, save, <br /> and hold harmless the State of Oregon; the Oregon Transportation Commission and <br /> its members, the Oregon Department of Transportation, their officers, agents, and <br /> e <br /> mployees from and against an and all claims, suits, actions, losses, dama es, <br /> Y 9 <br /> costs, expenses, and liabilities of any nature whatsoever resulting from, arising out <br /> of; or relating to the activities of Agency or its officers, employees, subcontractors, or <br /> agents under this Agreement. <br /> <br /> . 9. Notwithstanding the foregoing defense obligations under paragraph 8 above, neither <br /> party nor any attorney engaged by either party shall defend any claim in the name of <br /> the other party or any agency/department/division of such other party, nor purport to <br /> act as legal representative of the other party or any of its <br /> agencies/departments/divisions, without the -prior written consent of the legal <br /> counsel of such other party. Each party may, at anytime at its election assume its <br /> own defense and .settlement in .the event that it determines that the other party is <br /> prohibited from defending it, or that other party is not adequately defending it's <br /> interests; or that an important governmental principle is at issue or that it is in the <br /> best interests of the party to do so..Each party reserves all rights to pursue any <br /> claims it may have against. the other if it elects to assume its own defense. <br /> ~IO.Agency shall be responsible for all costs not covered by State funding. State funding. <br /> is limited to $125,012. <br /> 11. Agency shall be responsible for all costs and expenses related to its employment of <br /> individuals to perform the work under this Agreement, including, where applicable, but <br /> not limited to, retirement system contributions, workers compensation, unemployment <br /> taxes, and state and federal withholdings. <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 <br /> under ORS 656.126. Agency shall ensure that each of its subcontractors complies <br /> .with these requirements. <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 />