4920 EVERGREEN WAY BASE FILE 2019-09-09

N asserted indirectly against the Grantor, e.g., a Claim is asserted against someone else who then seeks contribution or indemnity from the Grantor. The Grantee's duty to defend and indemnify pursuant to this paragraph is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the Grantee. The Grantee shall not indemnify the Grantor for Claims caused solely by the negligence of the City. If(1) RCW 4.24.115 applies to a particular Claim, and (2) the bodily injury or damage to property for which the Grantee is to indemnify the Grantor is caused or results from the concurrent negligence of (a) the Grantee, its employees, subcontractors/subconsultants or agents and (b)the Grantor,then the Grantee's duty to indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the Grantor,the Grantee specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The Grantee recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation.As used in this paragraph: (1) "Grantor" includes the City's officers, employees, agents, and representatives and (2) "Claims" include, but is not limited, to , any and all losses, claims, demands, expenses)including,but not limited to,attorney's fees and litigation expenses),suits, judgments, or damage, irrespective of whether the damage alleged is bodily injury, damage to property, economic loss, general damages, special damages, or punitive damages. If, and to the extent, Grantee employs or engages subconsultants or subcontractors, then Grantee shall ensure that each such subconsultant and subcontractor (and subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend and indemnify the Grantor to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. 9. Insurance: Prior to Grantee's construction activities or other activities on the Right of Way under the rights provided herein, Grantee shall submit to Grantor a certificate of insurance that Grantee or Grantee's contractors has obtained commercial general liability coverage naming the Grantor as an additional insured (including broad form contractual liability coverage) satisfactory to Grantor with limits no less than the following: Bodily Injury Liability, including $2,000,000 automobile bodily injury liability each occurrence Property Damage Liability, including $2,000,000 automobile property damage liability each occurrence Additional insured status shall be accomplished by endorsement to said commercial liability policy(ies). Permit Grantee Signature Page 4