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in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of <br /> WSDAn. WSDA shall not indemnify the City for claims caused solely by the negligence of the City. <br /> If(1) RCW 4.24.115 applies to a particular claim, and (2) the bodily injury or damage to property <br /> for which WSDA is to indemnify the City is caused or results from the concurrent negligence of <br /> (a) WSDA, its agents, representatives and/or contractors and (b) the City, then WSDA's duty to <br /> indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. Solely and <br /> expressly for the purpose of its duties to indemnify and defend the City, WSDA specifically waives <br /> any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. WSDA <br /> recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant <br /> to the provisions of.RCW 4.24.115 and was the subject of mutual negotiation. As used in this <br /> paragraph: (1) "City" includes the City's officers, employees, agents, and representatives and (2) <br /> "claims" include, but is not limited, to, any and all losses, claims, demands, expenses ) including, <br /> but not limited to, attorney's fees and litigation expenses), suits, judgments, or damage, <br /> irrespective of whether the damage alleged is bodily injury, damage to property, economic loss, <br /> general damages, special damages, or punitive damages. If, and to the extent, WSDA employs or <br /> engages contractors,then WSDA shall ensure that each such contractor(and subsequent tiers of <br /> subcontractors) shall expressly agree to defend and indemnify the City to the extent and on the <br /> same terms and conditions as WSDA pursuant to this paragraph. <br /> 5. Following the full execution by all parties, this right of entry agreement shall become <br /> effective on April 15, 2020. <br /> 6. This right of entry agreement may be terminated by Grantor upon 10-days written <br /> notice to Grantee. This right is in addition to any other rights at law or in equity. <br /> Agreed and Accepted: <br /> GRANTOR <br /> City of Everett <br /> A Ttn <br /> SST: <br /> By: f+ _. ....._. City Clerk <br /> Cassie Franklin, Mayor <br /> Office of the City Attorney <br /> APPROVE+:) AS TO FORM <br /> David C. ,:! C t, c,ti..:ney <br /> Right of Entry Agreement-WSDA Page 2 <br />