2014/05/21 Council Agenda Packet

3 Grantee shall require its Permittees to provide certificates of insurance to Grantee and require Permittee's sub-contractors to be insured under the Permittee's policy or have in its possession separate certificates of insurance and endorsements for each. Failure of Permittees to comply with Grantee's insurance requirements does not limit Grantee's liability or responsibility. Grantee shall furnish,upon request,certificates of insurance and endorsements for any or all Permittees. All insurance provided by the Grantee in compliance with this agreement shall be primary. Grantee waives all rights against Grantor for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Permit. By requiring insurance herein,Grantor does not represent that coverage and limits will be adequate to protect Grantee,and such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to Grantor under this Permit. Indemnity by the Grantee. Grantee shall defend, indemnify and hold harmless Grantor from all claims that arise out of the negligence of the Grantee or its Permittee in their use of the permit. A"claim"as used in this section means any financial loss, claim, suit, action,damage,or expense, including but not limited to attorneys' fees, attributable to bodily injury,sickness, disease or death,or injury to or destruction of tangible property including the resulting loss of use. Notwithstanding the foregoing, Grantee's obligation to defend,indemnify,and hold harmless Grantor from any judgment,decree or arbitration award shall extend only to the percentage of negligence of Grantee and its Permittee in contribution to such claim. Grantee waives its immunity under Title 51 RCW only to the extent it is required to indemnify,defend and hold harmless Grantor and its Permittee. This indemnification shall survive the expiration or termination of the permit. Notice. Unless otherwise specified herein, any notices required or permitted under this Permit may be delivered personally, sent by facsimile machine or mailed certified,return receipt requested,to the following addresses or to such other place as the parties hereafter direct. Notice will be deemed given upon delivery or upon confirmation of facsimile,whichever is applicable. To Grantor: To Grantee: DEPARTMENT OF NATURAL RESOURCES CITY OF EVERETT Northwest Region 3200 Cedar Street 919 North Township Street Everett,WA 98201 Sedro-Woolley, WA 98284 State to Private RUP Page 7 of 14 Road Use Permit No 50-091200 36