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Claim and all investigation and legal work regarding said Claim shall be performed under a
<br /> fiduciary relationship to the City.
<br /> B. Waiver of Workmen's Compensation Immunity. Solely and expressly for the purpose of its
<br /> duties to indemnify and defend the City,Artist specifically waives any immunity it may have under
<br /> the State Industrial Insurance Law, Title 51 RCW. Artist recognizes that this waiver of immunity
<br /> under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and
<br /> was the subject of mutual negotiation.
<br /> C. Definitions. As used in this section:(1)"City"includes the City's officers,employees,agents,
<br /> and representatives;(2)"Claims"include all losses,claims,demands,expenses(including,but not
<br /> limited to, attorney's fees and litigation expenses), suits, judgments, or damage, whether
<br /> threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or any
<br /> other legal theory, whether such Claims have been reduced to judgment or arbitration award,
<br /> irrespective of the type of relief sought or demanded (such as money or injunctive relief), and
<br /> irrespective of the type of damage alleged (such as bodily injury, damage to property, economic
<br /> loss,general damages,special damages,or punitive damages);and (3)"Artist"includes Artist,its
<br /> employees, agents, representatives and subcontractors. If, and to the extent, Artist employs or
<br /> engages subcontractors,then Artist shall ensure that each such subcontractor(and subsequent tiers
<br /> of subcontractors)shall expressly agree to defend and indemnify the City to the extent and on the
<br /> same terms and conditions as Artist pursuant to this section.
<br /> 12. Insurance.
<br /> A. Artist shall comply with the following conditions and procure and keep in force during
<br /> the term of this Agreement,at Artist's own cost and expense,the following policies of insurance
<br /> with companies authorized to do business in the State of Washington,which are rated at least"A"
<br /> or better and with a numerical rating of no less than seven(7),by A.M.Best Company and which
<br /> are acceptable to the City.
<br /> 1. Workers' Compensation Insurance as required by Washington law. If the City
<br /> authorizes sublet work, the Artist shall require each subcontractor to provide Workers'
<br /> Compensation Insurance for its employees,unless the Artist covers such employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not less
<br /> than$250,000 per occurrence and at least$500,000 in the annual aggregate,including but
<br /> not limited to: premises/operations (including off-site operations), blanket contractual
<br /> liability and broad form property damage. Artist shall insure the Work and Documents
<br /> against casualty, loss,theft, fire, flood,destruction and other perils. The risk of loss shall
<br /> be on the Artist until the Work is completely installed in Everett Station.
<br /> 3. Business Automobile Liability Insurance in an amount not less than $500,000 per
<br /> occurrence, extending to any automobile. A statement certifying that no vehicle will be
<br /> used in accomplishing this Agreement may be substituted for this insurance requirement.
<br /> B. The above liability policies shall contain a provision that the policy shall not be
<br /> canceled or materially changed without 30 days prior written notice to the City. No cancellation
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