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such operations be by itself, any subcontractor or supplier, by anyone directly or indirectly <br /> employed by any of them, or by anyone for whose acts any of them may be liable. The <br /> Contractor's policies shall endorse the City, including its officers, employees, agents and <br /> representatives, as additional insureds. The Contractor shall comply with the insurance <br /> requirements set forth in the Invitation to Bid. Failure to maintain such insurance shall be a <br /> material breach of the Contract. City shall be entitled to damages for such a breach that include, <br /> but are not limited to, any loss (including, but not limited to, third party litigation expenses and <br /> professional fees) suffered by the City if the City is determined to be solely or concurrently <br /> negligent, and if the City suffers any loss or must pay or defend against any such claim, suit, <br /> demand or damage as a result of such breach. <br /> Contractor waives any right of contribution against the City. It is agreed and mutually negotiated <br /> that in any and all claims against the City, its agents or employees, the Contractor, a <br /> subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or <br /> anyone for whose acts any of them may be liable, the defense and indemnification obligations <br /> hereunder shall not be limited in any way by any limitation on the amount of damages, <br /> compensation, or benefits payable by or for the Contractor or any subcontractor under industrial <br /> worker's compensation acts, disability benefit acts, or other employees' benefit acts. <br /> Contractor's and City's initials hereto indicate specific waiver of Contractor's industrial insurance <br /> immunity in order to fulfill this indemnity. Solely for the purpose of indemnification and defense <br /> as provided in this Contract, the Contractor specifically waives any immunity under the State <br /> Industrial Insurance Law, Title 51 RCW. The Contractor expressly acknowledges that this <br /> waiver of immunity under Title 51 RCW was the subject of mutual negotiation and was <br /> specifically entered into pursuant to the provisions of RCW 15. <br /> Contractor (initial here) City (initial here) <br /> The Contractor agrees to repair and replace all property and agents.the <br /> City and all property of others <br /> damaged by it, its employees, subcontractors, suppliers <br /> It is understood that the whole of the work under this contract is to be done at the Contractor's <br /> risk and that: (1) prior to submitting its proposal or bid, it became familiar with the conditions of <br /> excavation, subsurface, backfill, materials, climatic conditions, location, traffic, and other <br /> contingencies that may affect the work and has made its bid or proposal accordingly and (2) that <br /> it assumes the responsibility and risk of all loss or damage to materials or work which may arise <br /> from any cause whatsoever prior to completion. <br /> 3 <br />