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7. Hold Harmless Clause:
<br /> Except as otherwise provided in this paragraph, the Grantee hereby agrees to defend and
<br /> indemnify the Grantor from any and all Claims arising out of, in connection with, or incident
<br /> to any acts, errors, omissions, or conduct by Grantee (or its employees, agents,
<br /> representatives subcontractors/subconsultants) relating to this Agreement. The Grantee is
<br /> obligated to defend and indemnify the Grantor pursuant to this paragraph whether a Claim
<br /> is asserted directly against the Grantor, or whether it is asserted indirectly against the
<br /> Grantor, e.g., a Claim is asserted against someone else who then seeks contribution or
<br /> indemnity from the Grantor. The Grantee's duty to defend and indemnify pursuant to this
<br /> paragraph is not in any way limited to, or by the extent of, insurance obtained by,
<br /> obtainable by, or required of the Grantee. The Grantee shall not indemnify the Grantor for
<br /> Claims caused solely by the negligence of the City. If(1) RCW 4.24.115 applies to a particular
<br /> Claim, and (2) the bodily injury or damage to property for which the Grantee is to indemnify
<br /> the Grantor is caused or results from the concurrent negligence of (a) the Grantee, its
<br /> employees, subcontractors/subconsultants or agents and (b) the Grantor, then the
<br /> Grantee's duty to indemnify shall be valid and enforceable only to the extent allowed by
<br /> RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend
<br /> the Grantor, the Grantee specifically waives any immunity it may have under the State
<br /> Industrial Insurance Law, Title 51 RCW.The Grantee recognizes that this waiver of immunity
<br /> under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115
<br /> and was the subject of mutual negotiation. As used in this paragraph: (1) "Grantor" includes
<br /> the City's officers, employees, agents, and representatives and (2) "Claims" include, but is
<br /> not limited, to, any and all losses, claims, demands, expenses ) including, but not limited to,
<br /> attorney's fees and litigation expenses), suits, judgments, or damage, irrespective of
<br /> whether the damage alleged is bodily injury, damage to property, economic loss, general
<br /> damages, special damages, or punitive damages. If, and to the extent, Grantee employs or
<br /> engages subconsultants or subcontractors, then Grantee shall ensure that each such
<br /> subconsultant and subcontractor (and subsequent tiers of subconsultants and
<br /> subcontractors) shall expressly agree to defend and indemnify the Grantor to the extent and
<br /> on the same terms and conditions as the Grantee pursuant to this paragraph.
<br /> 8. Insurance:
<br /> Prior to Grantee's construction activities or other activities on the Grantors property under
<br /> the rights provided herein, Grantee shall submit to Grantor a certificate of insurance that
<br /> Grantee or Grantee's contractors has obtained commercial general liability coverage naming
<br /> the Grantor as an additional insured (including broad form contractual liability coverage)
<br /> satisfactory to Grantor with limits no less than the following:
<br /> Bodily Injury Liability, including $1,000,000
<br /> automobile bodily injury liability each occurrence
<br /> Property Damage Liability, including $2,000,000
<br /> automobile property damage liability each occurrence
<br /> Additional insured status shall be accomplished by endorsement to said commercial liability
<br /> policy(ies).
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