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Service Provider (or its employees, agents, representatives or subcontractors/subconsultants)
<br />relating to this Agreement, whether such Claims sound in contract, tort, or any other legal
<br />theory. The Service Provider is obligated to defend and 'indemnify the City pursuant to this
<br />Section 10 whether a Claim is asserted directly against the City, or whether it is asserted
<br />indirectly against the City, e.g., a Claim is asserted against someone else who then seeks
<br />contribution or indemnity from the City. The Service Provider's duty to defend and indemnify
<br />pursuant to this Section 10 is not in any way limited to, or by the extent of, insurance obtained
<br />by, obtainable by, or required of the Service Provider. The Service Provider's obligations under
<br />this Section 10 shall not apply to Claims caused by the sole negligence of the City. If (1} RCW
<br />4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results from the
<br />concurrent negligence of (a) the Service Provider, its employees, subcontractors/subconsultants
<br />or agents and (b) the City, then the Service Provider's obligations under this Section 10 shall
<br />apply only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its
<br />duties to indemnify and defend the City, the Service Provider specifically waives any immunity
<br />it may have under the State Industrial Insurance Law, Title 51 RCW. The Service Provider
<br />recognizes that this waiver of immunity under Title 51 RCW was specifically entered into
<br />pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used
<br />in this Section 10& (1) "City" includes the City, the City's officers, employees, agents, and
<br />representatives and (2) "Claims" include, but is not limited to, any and all losses, penalties, fines,
<br />claims, demands, expenses (including, but not limited to, attorneys fees and litigation expenses),
<br />suits, judgments, or damages, irrespective of the type of relief sought or demanded, such as
<br />money or injunctive relief, and irrespective of whether the damage alleged is bodily injury,
<br />damage to property, economic loss, general damages, special damages, or punitive damages. If,
<br />and to the extent, Service Provider employs or engages subconsultants or subcontractors, then
<br />Service Provider shall ensure that each such subconsultant and subcontractor, (and subsequent
<br />tiers of subconsultants and subcontractors) shall expressly agree to defend and indemnify the
<br />City to the extent and on the same terms and conditions as the Service Provider pursuant to this
<br />Section 10.
<br />11. Insurauce. A. Service Provider shall comply with the following conditions and procure and keep in
<br />force during the term of this Agreement, at Service Provider's own cost and expense, the
<br />following policies of insurance with companies authorized to do - busmess in the State of
<br />Washington, which are rated at least "A" or better and with a numerical rating of no less than
<br />seven (7), by A.M. Best Company and which are acceptable to the City.
<br />1. Workers' Compensation Insurance as required by Washington law and
<br />Employer's Liability Insurance with 1ztnits not Less than $1,000,000 per occurrence. If
<br />the City authorizes sublet work, the Service Provider shall require each subcontractor to
<br />provide Workers' Compensation Insurance for its employees, unless the Service Provider
<br />covers such employees.
<br />2. Commercial General Liability Insurance on an occurrence basis in an amount not
<br />less than $1,000,000 per occurrence and at least $2,000,000 in the atmual aggregate,
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<br />(Form Approved by City Attorneys Office January 7, 2010, updated July 23, 20I8)
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