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City of Everett 00 5213 - 4 <br /> 2020 Trickling Filter Media Replacement UP 3742-2 <br /> maintain such insurance shall be a material breach of the Contract. City shall be <br /> entitled to damages for such a breach that include, but are not limited to, any loss <br /> (including, but not limited to, third party litigation expenses and professional fees) <br /> suffered by the City if the City is determined to be solely or concurrently negligent, and if <br /> the City suffers any loss or must pay or defend against any such claim, suit, demand or <br /> damage as a result of such breach. <br /> 10.Waiver of Industrial Insurance Immunity. Contractor waives any right of <br /> contribution against the City. It is agreed and mutually negotiated that in any and all <br /> claims against the City, its agents or employees, the Contractor, a subcontractor, <br /> anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for <br /> 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 <br /> industrial worker's compensation acts, disability benefit acts, or other employees' <br /> benefit acts. Contractor's and City's signatures hereto indicate specific waiver of <br /> Contractor's industrial insurance immunity in order to fulfill this indemnity. Solely for the <br /> purpose of indemnification and defense as provided in this Contract, the Contractor <br /> specifically waives any immunity under the State Industrial Insurance Law, Title 51 <br /> RCW. The Contractor expressly acknowledges that this waiver of immunity under Title <br /> 51 RCW was the subject of mutual negotiation and was specifically entered into <br /> pursuant to the provisions of RCW 4.24.115. <br /> 11.Repair of Damage. The Contractor agrees to repair and replace all property of the <br /> City and all property of others damaged by it, its employees, subcontractors, suppliers <br /> and agents. <br /> 12.Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work <br /> under this contract is to be done at the Contractor's risk and that: (1) prior to submitting <br /> its bid, it became familiar with the conditions of excavation, subsurface, backfill, <br /> materials, climatic conditions, location, traffic, and other contingencies that may affect <br /> the work and has made its bid accordingly and (2) that it assumes the responsibility and <br /> risk of all loss or damage to materials or work that may arise from any cause <br /> whatsoever prior to completion. <br /> 13.Headings for Convenience Only. The headings in this document are for <br /> convenience only, and shall not be used or considered to interpret or construe this <br /> document. <br /> 14.Effective Date. This Contract is effective as of the date of the last person to sign it, <br /> and may be executed in multiple counterparts, each of which shall be deemed an <br /> original. <br /> [Remainder of Page Intentionally Left Blank] <br /> 00 5213 - 4 AGREEMENT FORM <br />