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contribution or indemnity from the City.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, obtainable by, <br /> or required of Grantee. Grantee shall not indemnify the City for claims caused solely by the <br /> negligence of the City. If(1) RCW 4.24.115 applies to a particular claim, and (2)the bodily injury <br /> or damage to property for which Grantee is to indemnify the City is caused or results from the <br /> concurrent negligence of (a) Grantee, its agents, representatives and/or contractors and (b) the <br /> City, then Grantee's duty to indemnify shall be valid and enforceable only to the extent allowed <br /> by RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the <br /> City, Grantee specifically waives any immunity it may have under the State Industrial Insurance <br /> Law, Title 51 RCW. Grantee recognizes that this waiver of immunity under Title 51 RCW was <br /> specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of <br /> mutual negotiation. As used in this paragraph: (1) "City" includes the City's officers, employees, <br /> agents, and representatives and (2) "claims" include, but is not limited, to , any and all losses, <br /> claims, demands,expenses)including,but not limited to,attorney's fees and litigation expenses), <br /> suits,judgments,or damage, irrespective of whether the damage alleged is bodily injury, damage <br /> to property, economic loss, general damages, special damages, or punitive damages. If, and to <br /> the extent, Grantee employs or engages contractors, then Grantee shall ensure that each such <br /> contractor (and subsequent tiers of subcontractors) shall expressly agree to defend and <br /> indemnify the City to the extent and on the same terms and conditions as Grantee pursuant to <br /> this paragraph. <br /> 5. Following the full execution by all parties, this right of entry agreement shall become <br /> effective on November 2, 2020. <br /> 6. This right of entry agreement may be terminated by Grantor upon 10-days written <br /> notice to Grantee. This right is in addition to any other rights at law or in equity. <br /> Agreed and Accepted: <br /> GRANTOR GRANTEE <br /> City of Everett <br /> Cassi anklin, Mayor usan E.Allen <br /> Right of Entry Agreement Page 2 <br /> :!E2E1 <br /> fy <br /> ATO aftw„.„ /� <br /> ��' ` ' 1 <br />