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. 2 <br /> Failure of Permittees to comply with Exchanger's insurance requirements does not limit <br /> Exchanger's liability or responsibility. <br /> State shall require its Permittees to provide certificates of insurance to State and shall require <br /> Peiniittee's subcontractors to be insured under the Permittee's policy or have in its possession <br /> separate certificates of insurance and endorsements for each. Failure of Penult-tees to comply <br /> with State's insurance requirements does not limit State's liability or responsibility. <br /> State and Exchanger shall furnish,upon request, certificates of insurance and endorsements <br /> for any or all Permittees. <br /> All insurance provided by the Exchanger in compliance with this agreement shall be primary. <br /> Exchanger waives all rights against State for recovery of damages to the extent these damages <br /> are covered by general liability or umbrella insurance maintained pursuant to this Agreement. <br /> By requiring insurance herein, State and Exchanger do not represent that coverage and limits <br /> will be adequate to protect State or Exchanger, and such coverage and limits shall not limit <br /> State or Exchanger's liability under the indemnities and reimbursements granted to each other <br /> under this Agreement. <br /> Indemnity by the State. State shall defend, indemnify and hold harmless the Exchanger <br /> from all claims that arise out of the negligence of State or its Permittees in their use of the <br /> easement. A"claim"as used in this section means any financial loss, claim, suit, action, <br /> damage, or expense, including but not limited to attorneys' fees, attributable to bodily injury, <br /> sickness, disease or death,or injury to or destruction of tangible property including the <br /> resulting loss of use. Notwithstanding the foregoing, State's obligation to defend,indemnify, <br /> and hold harmless the Exchanger from any judgment, decree or arbitration award shall extend <br /> only to the percentage of negligence of State and its Permittee in contribution to such claim. <br /> State waives its immunity under Title 51 RCW only to the extent it is required to indemnify, <br /> defend and hold haiuiless Exchanger and its Permittee. This indemnificationshall survive the <br /> expiration or termination of the easement. <br /> Indemnity by the Exchanger. Exchanger shall defend, indemnify and hold hanuless State <br /> from all claims that arise out of the negligence of the Exchanger or its Permittee in their use of <br /> the easement. A"claim" as used in this section means any financial loss, claim, suit, action, <br /> damage, or expense,including but not limited to attorneys' fees, attributable to bodily injury, <br /> sickness, disease or death, or injury to or destruction of tangible property including the <br /> resulting loss of use. Notwithstanding the foregoing, Exchanger's obligation to defend, <br /> indemnify, and hold harmless State from any judgment, decree or arbitration award shall <br /> extend only to the percentage of negligence of Exchanger and its Permittee in contribution to <br /> such claim. Exchanger waives its immunity under Title 51 RCW only to the extent it is <br /> required to indemnify, defend and hold harmless State and its Permittee. This indemnification <br /> shall survive the expiration or termination of the easement. <br /> Easement Exchange Page 8 of 20 Easement No.55-090098;50-090097 <br />