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amount of insurance obtained by, obtainable by, or required of Artist does not in any way limit
<br /> Artist's duty to defend and indemnify the Purchaser. The Purchaser retains the right to approve
<br /> Claims investigation and counsel assigned to said Claim and all investigation and legal work
<br /> regarding said Claim shall be performed under a fiduciary relationship to the Purchaser.
<br /> B. Waiver of Workmen's Compensation Immunity. Solely and expressly for the purpose of its
<br /> duties to indemnify and defend the Purchasers, Artist specifically waives any immunity it may
<br /> have under the State Industrial Insurance Law, Title 51 RCW. Artist recognizes that this waiver
<br /> of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of
<br /> RCW 4.24.115 and was the subject of mutual negotiation.
<br /> C. Definitions. As used in this section: (1) "Purchasers" includes each Purchaser's officers,
<br /> employees, agents, and representatives; (2) "Claims" include all losses, claims, demands,
<br /> expenses (including, but not limited to, attorney's fees and litigation expenses), suits,judgments,
<br /> or damage, whether threatened, asserted or filed against the Purchasers, whether such Claims
<br /> sound in tort, contract, or any other legal theory, whether such Claims have been reduced to
<br /> judgment or arbitration award, irrespective of the type of relief sought or demanded (such as
<br /> money or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury,
<br /> damage to property, economic loss, general damages, special damages, or punitive damages);
<br /> and (3) "Artist" includes Artist, its employees, agents, representatives and subcontractors. If,
<br /> and to the extent, Artist employs or engages subcontractors, then Artist shall ensure that each
<br /> such subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and
<br /> indemnify the Purchasers to the extent and on the same terms and conditions as Artist pursuant to
<br /> 'r.
<br /> this section.
<br /> 12. Insurance.
<br /> A. Artist shall comply with the following conditions and procure and keep in force during
<br /> the term of this Agreement, at Artist's own cost and expense, the following policies of insurance
<br /> with companies authorized to do business in the State of Washington, which are rated at least
<br /> "A" or better and with a numerical rating of no less than seven (7), by A.M. Best Company and
<br /> which are acceptable to the Purchasers.
<br /> 1. Workers' Compensation Insurance as required by Washington law. If the Purchasers
<br /> authorize sublet work, the Artist shall require each subcontractor to provide Workers'
<br /> Compensation Insurance for its employees, unless the Artist covers such employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not less
<br /> than $1,000,0000 per occurrence and at least $2,000,000 in the annual aggregate,
<br /> including but not limited to: premises/operations (including off-site operations), blanket
<br /> contractual liability and broad form property damage. Artist shall insure the Work and
<br /> Documents against casualty, loss, theft, fire, flood, destruction and other perils. The risk
<br /> of loss shall be on the Artist until the Work is completely installed.
<br /> 3. Business Automobile Liability Insurance in an amount not less than $500,000 per
<br /> occurrence, extending to any automobile. A statement certifying that no vehicle will be
<br /> used in accomplishing this Agreement may be substituted for this insurance requirement.
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