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<br /> asserted indirectly against the Grantor,e.g.,a Claim is asserted against someone else
<br /> • who then seeks contribution or indemnity from the Grantor.The Grantee's duty to
<br /> defend and indemnify pursuant to this paragraph is not in any way limited to, or by
<br /> ,.•thg,extent of,insurance obtained by,obtainable by,or required of the Grantee.The
<br /> :i'Grantee,shall not indemnify the Grantor for Claims caused solely by the negligence of
<br /> the j?ityf If(1).RCW 4,24.115 applies to a particular Claim,and(2)the bodily injury or
<br /> 'damage.;fo"property for which the Grantee is to indemnify the Grantor is caused or
<br /> "•results`from.•?.the-concurrent negligence of (a) the Grantee, its employees,
<br /> s0'(icontiactars%sybcc,nsultants or agents and(b)the Grantor,then the Grantee's duty
<br /> tcivindemnifyr:s41 k e valid and enforceable only to the extent allowed by RCW
<br /> 4.24.a15,.Solely'and•eicpressly for the purpose of its duties to indemnify and defend
<br /> the Grantor;•therantee specifically waives any immunity it may have under the State
<br /> Industrial-,I.nssurance_Law;„Title 51 RCW.The Grantee recognizes that this waiver of
<br /> immunity under,Title 1 f CW.was specifically entered into pursuant to the provisions
<br /> of RCW 4.24.45 arid waithe4bfect of mutual negotiation.As used in this paragraph:
<br /> (1)"Grantor”iriclud s the Gkty's.officers,employees,agents,and representatives and
<br /> (2) "Claims" include,:but_is`•not"limited, to , any and ail losses, claims, demands,
<br /> expenses)including;but not'lini;ited to,attorney's fees and litigation expenses),suits,
<br /> judgments, or damage ifrespective•ofwhether the damage alleged is bodily injury,
<br /> damage to property, ecoi'rom•ic loss, general damages,special damages,or punitive
<br /> damages. If, and to the •ex tent,,..Giantee employs or engages subconsultants or
<br /> subcontractors, then Grantee'shall ensure'that each such subconsultant and
<br /> subcontractor (and subsequent tiers.of subco.nsultants and subcontractors) shall
<br /> expressly agree to defend and indeninify.the Grantor to the extent and on the same
<br /> terms and conditions as the Grantee pursuant tothiis paragraph.
<br /> 9. Insurance: - ••
<br /> Prior to Grantee's construction activities or(other adtiviiies on the Right of Way under
<br /> the rights provided herein,Grantee shall stitlmit t9...G.iantor•a certificate of insurance
<br /> that Grantee or Grantee's contractors has obtained:camri1ercial general liability
<br /> coverage naming the Grantor as an additionbl Insured :(including broad form
<br /> contractual liability coverage) satisfactory to Grantor yith.•ll'mits no less than the
<br /> following:
<br /> Bodily Injury Liability,including $2',000,0Ob, "••
<br /> automobile bodily injury liability eadh•'occurrenee
<br /> Property Damage Liability,including $2,000,ODYl •,
<br /> automobile property damage liability each occuince • .
<br /> Additional insured status shall be accomplished by endorsement to sail cgrnriiei'ciaj
<br /> liability policy(ies).
<br /> Permit Grantee Signature Page
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