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<br /> 13.1 Each Party to this Agreement shall protect, defend, indemnify,and hold harmless the other
<br /> party, its officers,officials,employees,and agents,while acting within the scope of their
<br /> employment as such,from any and all costs,claims,judgment, and/or awards of damages,
<br /> arising out of, or in any way resulting from the first party's negligent or grossly negligent
<br /> acts or omissions or its intentional misconduct or that of its officers,officials, employees,or
<br /> agents. No party will be required to indemnify, defend, or hold harmless the other party if
<br /> the claim, suit,or action for injuries,death, or damages is caused by the sole negligence of
<br /> the other party. Where such claims, suits, or actions result from concurrent negligence of
<br /> the parties,the indemnity provisions provided herein shall be valid and enforceable only to
<br /> the extent of the party's own negligence. Each party agrees that its obligations under this
<br /> subparagraph extend to any claim,demand, and/or cause of action brought by,or on behalf
<br /> of, any of its employees or agents. For this purpose, each party, by mutual negotiation,
<br /> hereby waives,with respect to the other party only, any immunity that would otherwise be
<br /> available against such claims under the Industrial Insurance provisions of Title 51 RCW. In
<br /> the event that a party incurs any judgment, award, and/or cost arising therefrom, including
<br /> attorneys'fees,to enforce the provisions of this section, all such fees,expenses, and costs
<br /> shall be recoverable from the responsible party to the extent of that party's liability.
<br /> 13.2 Each Party bears full responsibility for its tax liabilities arising from its responsibilities under
<br /> this Agreement. Each Party will indemnify the other Party, and hold that other Party
<br /> harmless from the tax liability of the indemnifying Party, including, but not limited to,
<br /> penalties, fines, and interest that are assessed by any tax authority against the indemnifying
<br /> Party, attorney's fees and costs incurred in response to any claims or assessments against
<br /> the indemnified Party.
<br /> 13.3 The obligations in this Section shall survive termination or completion of this Agreement as
<br /> to any claim, loss,or liability arising from events occurring prior to such termination or
<br /> completion.
<br /> 14 Insurance.
<br /> 14.1 Coverage. During the construction phase of the Project,the City shall provide evidence of
<br /> primary insurance coverage in the amounts that it deems necessary for construction
<br /> projects of similar size and cost. If the City is self-insured, it shall provide to Sound Transit's
<br /> risk manager a certificate of self-insurance in lieu of such coverages.The City shall require
<br /> their contractor(s) and sub-contractors to obtain and maintain insurance in amounts and
<br /> types suitable to protect Sound Transit and the City from exposures presented by the work
<br /> performed under this Agreement.The minimum insurance requirements during the entire
<br /> term of this Agreement are set forth below:
<br /> a)Commercial General Liability in the amount of two million dollars($2,000,000)each
<br /> occurrence limit,two million dollars ($2,000,000)general aggregate limit, covering bodily
<br /> injury including death, personal injury, property damage, Employers' Liability and
<br /> contractual coverage endorsements, and utilize insurers and coverage forms acceptable to
<br /> Sound Transit.
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<br /> GA 0255-19
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