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investigation and counsel assigned to said Claim and all investigation and legal work regarding said Claim
<br /> shall be performed under a fiduciary relationship to the City.
<br /> B. The Contractor's obligations under this Section 5 shall not apply to Claims caused by the sole
<br /> negligence of the City. If(1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused
<br /> by or results from the concurrent negligence of (a)the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b) the City, then the Contractor's obligations under this
<br /> Section 7 shall apply only to the extent allowed by RCW 4.24.115.
<br /> C. As used in this section: (1) "City" includes the City's officers, employees, agents, and
<br /> representatives; (2) "Claims" include all losses, claims, demands, expenses (including, but not limited to,
<br /> attorney's fees and litigation expenses), suits,judgments, or damage, whether threatened, asserted or filed
<br /> against the City,whether such Claims sound in tort,contract,or any other legal theory,whether such Claims
<br /> have been reduced to judgment or arbitration award, irrespective of the type of relief sought or demanded
<br /> (such as money or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury,
<br /> damage to property, economic loss, general damages, special damages, or punitive damages); and (3)
<br /> "Contractor" includes Contractor, its employees, agents, representatives and subcontractors. If, and to the
<br /> extent, Contractor employs or engages subcontractors, then Contractor shall ensure that each such
<br /> subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and indemnify the
<br /> City to the extent and on the same terms and conditions as the Contractor pursuant to this section.
<br /> 6. Insurance. The Contractor shall purchase and maintain such insurance as will protect it from any and
<br /> all claims, suits, demands, damages, or liability arising out of, or in connection with, this Contract, or
<br /> resulting from Contractor's (or its subcontractor's or supplier's) performance of, or failure to perform, its
<br /> express and implied obligations under the Contract, including, but not limited to such claims as may arise
<br /> out of or result from the Contractor's operations under the Contract, whether such operations be by itself,
<br /> any subcontractor or supplier, by anyone directly or indirectly employed by any of them, or by anyone for
<br /> whose acts any of them may be liable. The Contractor's policies shall endorse the City, including its
<br /> officers, employees, agents and representatives, as additional insureds. The Contractor shall comply with
<br /> the insurance requirements set forth in the Contract Documents. Failure to maintain such insurance shall
<br /> be a material breach of the Contract. City shall be entitled to damages for such a breach that include, but
<br /> are not limited to, any loss (including, but not limited to, third party litigation expenses and professional
<br /> fees) suffered by the City if the City is determined to be solely or concurrently negligent, and if the City
<br /> suffers any loss or must pay or defend against any such claim, suit, demand or damage as a result of such
<br /> breach.
<br /> 7. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution against the
<br /> City. It is agreed and mutually negotiated that in any and all claims against the City,its agents or employees,
<br /> the Contractor, a subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor,
<br /> or anyone for whose acts any of them may be liable,the defense and indemnification obligations hereunder
<br /> shall not be limited in any way by any limitation on the amount of damages, compensation, or benefits
<br /> payable by or for the Contractor or any subcontractor under industrial worker's compensation acts,
<br /> disability benefit acts, or other employees' benefit acts. Contractor's and City's signatures hereto indicate
<br /> specific waiver of Contractor's industrial insurance immunity in order to fulfill this indemnity. Solely for
<br /> the purpose of indemnification and defense as provided in this Contract,the Contractor specifically waives
<br /> any immunity under the State Industrial Insurance Law, Title 51 RCW. The Contractor expressly
<br /> acknowledges that this waiver of immunity under Title 51 RCW was the subject of mutual negotiation and
<br /> was specifically entered into pursuant to the provisions of RCW 4.24.115.
<br /> 8. Compliance with the Washington State Public Records Act_ Contractor acknowledges that the City
<br /> is subject to the Public Records Act, chapter 42.56 RCW (the "Act"). All records owned, used or retained
<br /> by the City are public records subject to disclosure unless exempt under the Act,whether or not such records
<br /> are in the possession or control of the City or Contractor Provider. Contractor shall cooperate with the City
<br /> so that the City may comply with all of its obligations under the Act. Within ten (10)days after receipt of
<br /> notice from the City, Contractor shall deliver to the City copies of all records relating to this Contract or
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