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r <br /> 3 <br /> pursuant to this Section is not in any way limited to, or by the extent of, insurance obtained by, <br /> obtainable by, or required of Theatre. Theatre's obligations under this Section shall not apply to <br /> Claims caused by the sole negligence of the City. If(1) RCW 4.24.115 applies to a particular <br /> Claim, and(2) such Claim is caused by or results from the concurrent negligence of(a)the <br /> Theatre, its employees, subcontractors/subconsultants or agents and(b)the City,then the <br /> Theatre's obligations under this Section shall apply only to the extent allowed by RCW <br /> 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the City, <br /> Theatre specifically waives any immunity it may have under the State Industrial Insurance Law, <br /> Title 51 RCW. Theatre recognizes that this waiver of immunity under Title 51 RCW was <br /> specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of <br /> mutual negotiation. As used in this Section: (1) "City"includes the City,the City's officers, <br /> employees, agents, and representatives and(2) "Claims"include, but is not limited to, any and all <br /> losses,penalties, fines, claims, demands, expenses (including,but not limited to, attorney's fees <br /> and litigation expenses), suits,judgments, or damages, irrespective of the type of relief sought or <br /> demanded, such as money or injunctive relief, and irrespective of whether the damage alleged is <br /> bodily injury, damage to property, economic loss, general damages, special damages, or punitive <br /> damages. If, and to the extent, Theatre employs or engages subconsultants or subcontractors, <br /> then Theatre shall ensure that each such subconsultant and subcontractor(and subsequent tiers of <br /> subconsultants and subcontractors) shall expressly agree to defend and indemnify the City to the <br /> extent and on the same terms and conditions as the Theatre pursuant to this Section. <br /> IX. MISCELLANEOUS <br /> A. No Joint Venture <br /> This Agreement does not create a joint venture or partnership between the parties of any <br /> kind. <br /> B. No Rights Created in Third Parties <br /> This Agreement does not confer or create any rights in any third parties and is not <br /> intended to benefit any third parties. <br /> C. Assignment-Transfer <br /> Theatre shall not sublet or assign any of the work covered by this Agreement without the <br /> express written consent of City. <br /> D. City Of Everett Business License <br /> Theatre agrees to obtain and/or maintain a City of Everett business license. Theatre also <br /> agrees that its performance of this Agreement shall be conclusively deemed to have been <br /> perfoiuied in Everett and shall pay all applicable local, state, and federal taxes thereon. <br /> EVERETT/Vll,LAGE THEATRE AGREEMENT Page 8 of 10 <br /> 11 <br />