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25.2 Contractor's Obligations to Participating Entities. The Contractor shall release, <br />protect, indemnify and hold Participating Entities and their officers, agencies, employees, harmless from <br />and against any damage, cost or liability, including reasonable attorney's fees for any or all injuries to <br />persons, property or claims for money damages arising from acts or'omissions of the contractor, his <br />employees or subcontractors or volunteers. <br />25.3 Exception. Contractor will not be liable for damages that are the result of negligence or <br />willful misconduct by WSCA, the Participating Entities, and/or their respective employees, officers and <br />agencies. <br />26. INSURANCE SCHEDULE. Unless expressly waived in writing by the Lead State or <br />Participating States, Contractor, as an independent contractor and not an employee of the Lead State or <br />Participating States, must carry policies of insurance in amounts specified in this Insurance Schedule and/or <br />any Insurance Schedule agreed by Contractor and a Participating State via a participating addendum, and <br />pay all taxes and fees incident hereunto. The Lead State and Participating States shall have no liability <br />except as specifically provided in the Contract. The Contractor shall not commence work before: <br />1) Contractor has provided the required evidence of insurance to the Lead State. <br />The Lead State's approval of any changes to insurance coverage during the course of performance shall <br />constitute an ongoing condition subsequent this Contract. Any failure of the Lead State to timely <br />approve shall not constitute a waiver of the condition. <br />Insurance Coverage: The Contractor shall, at the Contractor's sole expense, procure, maintain and <br />keep in force for the duration of the Contract the following insurance conforming to the minimum <br />requirements specified below. Unless specifically stated herein or otherwise agreed to by the Lead State, <br />the required insurance shall be in effect prior to the commencement of work by the Contractor and shall <br />continue in force as appropriate until the latter of. <br />1. Final acceptance by the Lead State of the completion of this Contract; or <br />2. Such time as the insurance is no longer required by the Lead State under the terms of this Contract. <br />Any insurance or self-insurance available to the Lead State shall be excess of and non-contributing with <br />any insurance required from Contractor. Contractor's required insurance policies shall apply on a <br />primary basis. Until such time as the insurance is no longer required by the Lead State, Contractor shall <br />provide the Lead State with renewal or replacement evidence of insurance no less than thirty (30) days <br />before the expiration or replacement of the required insurance. If at any time during the period when <br />insurance is required by the Contract, an insurer or surety shall fail to comply with the requirements of this <br />Contract, as soon as Contractor has knowledge of any such failure, Contractor shall immediately notify the <br />State and immediately replace such insurance or bond with an insurer meeting the requirements. <br />Contractor agrees that the following insurance coverages and policy limits shall also apply to, and operate <br />for the benefit of, each Participating Entity that participates in this Contract pursuant to a Participating <br />Entity. <br />Page 9 of 19 <br />25K-11